9911796707
TMI Blog2021 (8) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... stated to be engaged in the business of running hotels and restaurants. Assessee filed its return of income for Assessment Year 2014-15 on 29.11.2014 declaring total income of Rs. 13,13,20,480/-. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) vide order dated 23.11.2016 and the total income was determined at Rs. 23,74,57,000/-. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) who vide order dated 23.10.2017 granted partial relief to the assessee. Aggrieved by the order of the AO, assessee is now in appeal before us and has raised following grounds: 1(i) "That on facts and circumstances of the case, the Ld. CIT(A) was not justified in upholding disallowance to the extent of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - awarded by Hon'ble Delhi High Court to Ms. Susan L. Beer, an Australian lady and paid by assessee. Assessee was asked to furnish the details of the expenses and substantiate its claim. Assessee inter alia submitted that an Australian lady Ms. S. L. Beer had filed a Suit bearing Suit No. 1298 of 1982 claiming a decree for Rs. 2 crore as damages and interest @ 18% p.a. for the permanent injuries suffered by her while swimming in the pool at erstwhile Akbar Hotel. The Learned Single Judge vide Judgement dated 03.03.2011 decreed the suit in favour of Susan L. Beer awarding Rs. 1,82,00,000/- with simple interest thereon @ 6% p.a. w.e.f 22.01.1982 till the date of decree and future simple interest on that amount @ 10% p.a. till its realization. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the submissions made before the lower authorities and further submitted that assessee had deposited amount of Rs. 5,28,80,795/- pursuant to the order of Court on 24.02.2014 and thereafter in compliance with the order dated 30.05.2014 and 08.08.2014, assessee had further deposited an amount of Rs. 2,40,56,079/- to the High Court on 26.08.2014. He submitted that the appeal was heard by the Hon'ble High Court on 24.01.2014 wherein the order was reserved and Judgement was pronounced on 30.05.2014 whereby the Hon'ble High Court directed the registry to remit the compensation deposited by the assessee to Ms Susan. He submitted that sicne the order was reserved on 24.01.2014 therefore the liability existed as on 31.03.2014. He further submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Hon'ble Delhi High Court being on 30.05.2014, the liability cannot be said to have crystallized during the year and therefore the AO was fully justified in disallowing the claim. He further submitted that the cheque of Rs. 5,28,80,795/- was deposited during the year and the balance amount of Rs. 2,40,56,079/- has been deposited on 26.08.2014 which is after the close of the year and in such a situation also the AO was fully justified in disallowing the claim of assessee. She thus supported the order of lower authorities. 9. We have heard the rival submissions and perused the materials on record. The issue in the present ground is with respect to the disallowance of Rs. 8,80,09,000/- claimed by the assessee. It is an undisputed fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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