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C&C Construction Ltd vs. CIT(Appeals)-26 and ACIT

Case No: ITA Nos. 440/Del/2023 and 255/Del/2019
Court: Income Tax Appellate Tribunal, Delhi Bench
Date: 9/25/2024

Parties Involved

appellantC&C Construction Ltd
respondentCIT(Appeals)-26
respondentACIT

Facts Summary

The case involves two appeals by C&C Construction Ltd against orders of the Commissioner of Income Tax (Appeals) and the Assessing Officer for the Assessment Year 2015-16. The assessee, engaged in infrastructure development and construction, had filed an income return declaring a loss. The Assessing Officer disallowed 10% of certain expenses and enhanced income based on reimbursement from an Oman branch. The Commissioner of Income Tax (Appeals) upheld the disallowance but partially allowed relief on a disallowance made under section 40(a)(ia) of the Income-tax Act, 1961. The assessee appealed against the disallowance and the enhancement of income.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the disallowance of 10% of certain expenses was justified.
  • 2. Whether the enhancement of income based on reimbursement from the Oman branch was justified.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

4 precedents cited in this judgement.

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