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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकरअपील सं./ (िनधा"रण वष" / Assessment Year: 2014-15) Disha Construction Jt. CIT-25(2) 220, 2nd floor, Kautilya Bhavan 201, Square One बनाम/ Gulmohar Road No. 1 C-41 to C-43, G Block Vs. Vile Parle(W) Bandra Kurla Complex Mumbai-400 049 Bandra (E),Mumbai-400 051 "थायीलेखासं./जीआइआरसं./PAN/GIR No. AADFD-9171-G (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee by : Written Submissions dated 18/03/2021 Revenue by : Shri Bharat Andhale-Ld. Sr. DR सुनवाई की तारीख/ : 01/06/2021 Date of Hearing घोषणा की तारीख / : 17/06/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 contest the order of Learned Commissioner of Income-Tax (Appeals)-53, Mumbai [CIT(A)], dated 14/06/2019 in the matter of assessment framed by Ld. Assessing Officer (AO) u/s 143(3) on 20/12/2016. The grounds raised
by the assessee read as under:-
1. The Id. CIT(A) erred in upholding the action of the AO in adding a sum of Rs.618000/- u/s 43CA of the Act to the consideration received in respect of agreements to sale executed during the year in respect of redevelopment project under construction. 1.i. In doing so, the Id. CIT (A) did not appreciate that the price in respect of the additional area sold to the existing members over & above the entitled area was pre- fixed haying regard to the development agreement dt. 6.03.2011 which was duly registered with the sub-