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Case Law Details

Case Name : Miracle Cars India Pvt Ltd. Vs DCIT (ITAT Chennai)
Appeal Number : ITA No.: 138/Chny/2022
Date of Judgement/Order : 07/12/2022
Related Assessment Year : 2021-13
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Miracle Cars India Pvt Ltd. Vs DCIT (ITAT Chennai)

The undisputed facts are that the agreement between the assessee and M/s. DRS Industries Ltd., dated 30.06.2010 did not materialize and consequently, the dealership of Skoda cars sales & services has not been transferred to the assessee. Further, the rent agreement in respect of premises where the business was carried out by M/s. DRS Industries Ltd., was also in the name of M/s. DRS Industries Ltd., and the land lord. Therefore, the question of assessee making rent payment directly to land owner does not arise. It is not case of the assessee that it has paid rent to M/s. DRS Industries Ltd., in pursuance of an agreement and in turn M/s. DRS Industries Ltd., has paid rent to land lord. In absence of any agreement between the appellant and land lord, the AO has rightly disallowed rent expenses debited into the profit and loss account. The Ld. CIT(A), after considering relevant facts has rightly sustained additions made by the AO and thus, we are inclined to uphold the findings of the ld. CIT(A) and reject grounds taken by the assessee.

FULL TEXT OF THE ORDER OF ITAT CHENNAI

This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals)-18, Chennai, dated 03.01.2022 and pertains to assessment year 2012-13.

2. The assessee has raised the following grounds of appeal:

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