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TMI Blog2018 (6) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... interest on PDCs at the time of extension of the PDCs - if it is not possible to work out the extension of PDCs in each case, then the AO is directed to recomputed interest on PDCs after six months from the date of issue of the PDCs – the order of the CIT(A) is upheld – Decided against revenue. - ITA No. 2156/Del/2015 - - - Dated:- 14-5-2018 - Sh. N. K. Saini, AM And Sh. K. N. Chary, JM For The Assessee : Sh. Ajay Bhagwani, CA For The Revenue : Sh. S. S. Rana, CIT DR ORDER Per N. K. Saini, AM: This is an appeal by the assessee against the order dated 29.12.2014 of ld. CIT(A)-XXX, New Delhi. 2. Following grounds have been raised in this appeal: 1. That in the circumstances of the case the assessment made u/s 153A by the Assessing Officer, was bad on facts and in law on the grounds that - i) as per Panchnama no material whatsoever, was seized in the course of search u/s 132 of the Act on the assessee on 07.12.2010 and therefore the assessment ought to have been on the income assessed as per original assessment made u/s 143(3) on 31.12.2008, as reduced by the order of the CIT(A) vide his order in appeal no.431/Del/2013 dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t controvert the aforesaid contention of the ld. Counsel for the assessee. 4. We have considered the submissions of both the parties and perused the material available on record. It is noticed that an identical issue having similar facts has been adjudicated by the ITAT Delhi Bench G , New Delhi in assessee s own case in ITA No. 1734/Del/2013 for the assessee year 2006-07 wherein the relevant findings have been given in para 21 of the order dated 14.09.2015 which read as under: 21. After considering the submissions of both the parties and the material available on the record, it is noticed that an identical issue having similar facts was a subject matter of adjudication by the ITAT Delhi Bench H , New Delhi in the case of Westland Developers Pvt. Ltd. Vs ACIT in ITA No. 1752/Del/2013 for the assessment year 2006-07 wherein relevant findings have been given in para 10.10 of the order dated 22.08.2014 which read as under: 10.10. We have also taken ourselves through the judgment of the Jurisdictional High Court in the case of CIT Vs Industrial Engineering Projects Pvt. Ltd. (cited supra) which has been relied upon before us for the proposition that reimbur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available on the record. It is noticed that an identical issue having similar facts has already been adjudicated in the aforesaid referred to case of M/s Westland Developers Pvt. Ltd. vide order dated 22.08.2014 in ITA No. 1752/Del/2013 wherein the relevant findings have been given in para 13 which read as under: 13. We have heard the rival submissions and perused the material available on record. The case law relied upon by the parties has been taken into consideration. On a consideration of the same we are of the view that since in the facts of the present case the material issue is that the said expenditure was never claimed as assessee s business expenditure the occasion to make a disallowance of the same does not arise. On this fact there is no dispute as admittedly the expenditure was not claimed as an expense by the assessee and consequently has not been routed through its P L A/c. In the circumstances, the occasion to make an addition of the same by way of a disallowance in these peculiar facts and circumstances of the case does not arise. The reasoning and finding given while considering the arguments qua Ground No-4 would fully apply here also. The differenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated cheques amounting to ₹ 15,29,735/-. As regards to this issue, the ld. Counsel for the assessee submitted that it is also covered in favour of the assessee vide order dated 14.09.2015 in ITA No. 1367/Del/2013 for the assessment year 2007-08 in assessee s own case. The ld. CIT DR although supported the order of the authorities below but could not controvert the aforesaid contention of the ld. Counsel for the assessee. 10. After considering the submissions of both the parties, it is noticed that this issue was decided in favour of the assessee in assessee s own case in ITA No. 1367/Del/2013 for the assessment year 2007-08 wherein the findings given in the order dated 31.10.2014 in ITA Nos. 1674 1765/Del/2013 for the assessment year 2008-09 in the case of M/s IAG Promoters and Developers Pvt. Ltd. have been followed. The relevant findings have been given in the said order dated 14.09.2015 in para 11 12 read as under: 11. We have considered the submissions of both the parties and carefully gone through the material available on the record. It is noticed that an identical issue having similar facts has already been adjudicated by the ITAT Delhi Bench C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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