If an addition or disallowance is not permissible in law, the same cannot be fastened upon the assessee on his concession.

Last updated: 08 January 2021
Quick Summary
This Income Tax Appellate Tribunal ruling clarifies that if an addition or disallowance is not legally permissible, it cannot be imposed on a taxpayer, even if they have conceded to it. The case involved an appeal by Hathway Cable and Datacom Limited concerning a disallowance of expenses under Section 37(1) and Section 14A. The Tribunal's decision upholds the principle that legal validity must always take precedence over taxpayer concessions.

Court :
ITAT Mumbai

Brief :
This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-20, Mumbai (‘ld.CIT(A) for short) dated 29.03.2019 and pertains to the assessment year (A.Y.) 2014-15.

Citation :
ITA No. 3840/Mum/2019

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