Deduction in respect of education cess and higher and secondary education cess

The Delhi Bench of the Income Tax Appellate Tribunal has ruled in favour of PNB Housing Finance Ltd. regarding the deduction of education cess and higher and secondary education cess. The Revenue's appeal against the CIT(A)'s order was dismissed, and the assessee's cross-objections were allowed for statistical purposes. This decision follows similar rulings by the Tribunal for earlier assessment years.

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘F’ NEW DLEHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
ITA No. 5969/Del/2017
Assessment Year: 2014-15

Addl. CIT, Spcl. Range-7,
New Delhi.

vs

PNB Housing Finance Ltd.,

9th Floor Antriksh Bhawan,
22, K.G. Marg, New Delhi.

PAN : AAACP3682N

C.O. No. 18/Del/2021
(in ITA No. 5969/Del/2017
Assessment Year: 2014-15

PNB Housing Finance Ltd.,

9th Floor Antriksh Bhawan,
22, K.G. Marg, New Delhi.

PAN : AAACP3682N

vs

Addl. CIT, Spcl. Range-7,
New Delhi

Assessee by : Sh. S. Krishnan, Advocate
Revenue by : Sh. Farhat Khan, Sr. DR
Date of hearing: 07/07/2021
Date of order : 24/08/2021

ORDER

Aggrieved by the order dated 27.06.2017 passed by the Commissioner of Income Tax (Appeals)-38, New Delhi ("Ld. CIT(A)") for the assessment year 2014-15 in the case of PNB Housing Finance Ltd., (“the assessee”), the Revenue preferred this appeal. The assessee has also preferred cross objections in this appeal.

2. Brief facts of the case are that the assessee is an approved housing finance company engaged in the business of providing housing loans to individuals and body corporate for construction, purchase and upgradation of houses.

3. Learned AR brought to our notice that for the assessment year 2009-10 and 2010-11 also, this issue was considered by the coordinate Bench of this Tribunal in ITA No. 2123/Del/2015 and batch of cases and granted relief.

4.In the result, the appeal of the Revenue is dismissed and the cross objection of the assessee is allowed for statistical purposes.

5.Order pronounced in the open court on this the 24th day of August, 2021.

Please find attached the enclosed file for the full judgement.