DEPUTY COMMISSIONER OF INCOME TAX 31(3), MUMBAI vs. SEA PRINCESS REALTY, MUMBAI

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ITA 2133/MUM/2018Status: DisposedITAT Mumbai06 April 2021AY 2014-153 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, finding that the AO's approach would lead to double taxation. The consistent application of the project completion method by the assessee and its acceptance in subsequent assessment years were considered crucial.

What were the facts?

The assessee, a property developer, followed the project completion method for income recognition. The AO, however, adopted the percentage completion method, leading to an addition. The CIT(A) deleted this addition, noting the assessee's consistent accounting policy and acceptance by the department in subsequent years.

What were the issues?

Whether the AO was justified in deviating from the assessee's consistently followed project completion method for income recognition. The potential for double taxation of the same income was a key consideration.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Vimal Punamiya, A.R
For Respondent: Shri Manoj Mishra, D.R
Hearing: 29.01.2021Pronounced: 06.04.2021

Per Rajesh Kumar, Accountant Member:

1.

The present appeal has been preferred by the Revenue against the order dated 29.12.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2014-15.

2.

The only issue challenged by the Revenue in the various grounds of appeal is as regards deletion of addition by Ld. CIT(A) as made by the AO by adopting percentage completion method as against the project completion method adopted by the assessee.

3.

The facts in brief are that the assessee is a property developer and filed return of income on 28.11.2014 declaring an 2 M/s. Sea Princess Realty income of Rs.21,64,100/- which was processed under section 143(1) of the Act. Thereafter, the case of the assessee was selected for scrutiny and statutory notices were duly issued and served upon the assessee. Finally, the assessment was completed vide order dated 23.12.2016 passed under section 143(3) of the Act by making an addition of the income which has already been offered by the assessee to tax and has been accepted by the Revenue in assessment year 2015-16 on project completion method.

4.

The Ld. CIT(A) allowed the appeal of the assessee by holding that in the subsequent year, the assessee has offered the income to the tax in A.Y. 2015-16 and the same has been accepted by the department as per the accounting policy followed by the assessee consistently of project completion method. The relevant operative part of ld CIT(A) order is as under: “6.3.19 On careful examination of the matter, I am of then view that the impugned additions are not sustainable for the reasons that firstly, the method employed by the appellant in the present case i.e. Project Completion Method , is regularly employed by the appellant and it has been accepted by the department in earlier years; secondly, there is no mandatory Accounting Standard prescribing the method of working out percentage stage of completion and thirdly, as per Project Completion Method followed by assessee, entire profit of the project have been offered to tax in subsequent AY 2015-16, which had been accepted by Assessing Officer. Under these facts and circumstances as mentioned above and respectfully following the decision of the Hon'ble Jurisdictional High Court as cited supra and the Rule of Consistency, I find that the additions cannot be sustained. The same are, therefore, deleted.”

5.

After hearing both the parties and perusing the material on record, we find that if the AO’s theory is accepted it will result into double taxation of the same income. The Ld. CIT(A) has correctly passed the order by recording a finding of fact that the income has been assessed in A.Y. 2015-16 as per the accounting

3 M/s. Sea Princess Realty policy of project completion method regularly followed by the assessee. In view of these facts, we do not find any infirmity in the order of Ld. CIT(A) and accordingly the same is upheld.

6.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 06.04.2021.

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