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M/s. S.P. Jaiswal Estates Pvt. Ltd. Vs DCIT, Central Circle-2(4), Kolkata

Case No: ITA No. 1032/Kol/2024
Court: INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA
Date: 3/5/2025

Parties Involved

appellantM/s. S.P. Jaiswal Estates Pvt. Ltd.
respondentDCIT, Central Circle-2(4), Kolkata

Facts Summary

The assessee, M/s. S.P. Jaiswal Estates Pvt. Ltd., filed its return of income along with an audit report for the assessment year 2018-19. The Central Processing Centre (CPC), Bengaluru issued an intimation under section 143(1) of the Income Tax Act, 1961, disallowing certain club subscriptions and expenditures. The assessee filed an application under section 154 for rectification, wherein the CPC allowed part of the club expenditure but upheld the disallowance of membership subscription amounting to Rs. 1,15,844/-. The assessee appealed before the Commissioner of Income Tax (Appeals), who confirmed the disallowance. The assessee then filed this appeal before the Income Tax Appellate Tribunal, arguing that the disallowance was unjust and should be deleted.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the disallowance of membership subscription expenditure is valid under section 143(1) of the Income Tax Act, 1961.

Judgment Outcome

Decided in favour of Assessee.

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