NARESH J. KARDA,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2, NASHIK
What did the Tribunal hold?
The Tribunal restored the Section 43CA additions back to the Assessing Officer and upheld the deletion of additions based on the percentage completion method. The Tribunal also agreed that compensation sums paid to customers are deductible under Section 37(1).
What were the facts?
The appeals involved additions made by the Assessing Officer under Section 43CA, the deletion of additions based on the percentage completion method by the CIT(A), and the deductibility of compensation sums paid to customers under Section 37(1). Both the assessee and the revenue filed cross-appeals.
What were the issues?
The primary issues concerned the validity of additions under Section 43CA, the applicability of the percentage completion method for taxation, and the deductibility of customer compensation payments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
35 ITA.Nos.814 to 817/PUN./2019, ITA.Nos.798 to 800/PUN./2019, ITA.No.813/PUN./2019 & ITA.No.796/PUN./2019 Shri Naresh Jagumal Karda, Nashik, & M/s. Karda Constructions Pvt. Ltd., Nashik.
Both the learned representatives are ad idem during the course of hearing submitted that our foregoing detailed discussion in former assessee Shri Naresh Jagumal Karda’s seven cases (supra) squarely covers all these issues wherein we have inter alia restored sec.43CA addition back to the Assessing Officer, upheld the CIT(A)'s action deleting the addition on account of percentage completion method and agreed with the assessee’s contention that its entire compensation sums paid to customers deserve to be granted deduction u/s 37(1) of the Act, respectively. We thus partly accept both these cross-appeals in very terms.
No other ground or arguments have been raised before us during the course of hearing.
These Revenue’s and assessee’s latter cross-appeals ITA.No.796/PUN./2019 and ITA.No.813/PUN./2019 are partly accepted for statistical purposes in above terms.
To sum-up, the former assessee’s appeal ITA.No.814/PUN./2019 is dismissed. The Revenue’s and former assessee’s cross-appeals ITA.Nos.798 to 800 & 815 to 817/PUN./2019 are partly allowed for statistical purposes. The Revenue’s and latter assessee’s cross-appeals ITA.No.796/PUN./ 2019 and ITA.No.813/PUN./2019 are partly accepted for statistical purposes in above terms. A copy of this common order be placed in the respective case files.
36 ITA.Nos.814 to 817/PUN./2019, ITA.Nos.798 to 800/PUN./2019, ITA.No.813/PUN./2019 & ITA.No.796/PUN./2019 Shri Naresh Jagumal Karda, Nashik, & M/s. Karda Constructions Pvt. Ltd., Nashik.
Order pronounced in the open Court on 28th December, 2022.
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