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Income Tax Appellate Tribunal, “G” Bench, Mumbai
O R D E R Per Shamim Yahya (AM) :-
This appeal by the assessee is directed against the order of learned CIT(A) dated 29.12.2017 and pertains to A.Y. 2013-14.
The issue raised in ground No. 1 as under :-
On the facts and circumstances of the appellant’s case and in law learned Commissioner of Income Tax (Appeals) erred in confirming the reduction from work-in-progress made by the Assessing Officer amounting to Rs. 3,36,000/- being rent paid to tenants by invoking provisions of section 37(1) of the Income Tax Act, 1961.
At the outset, learned Counsel of the assessee contended that identical issue for A.Y. 2008-09, 2009-10 & 2012-13 in assessee’s own case by combined order dated 14.11.2017 has been remitted by the ITAT to the file of the Assessing Officer to consider the same afresh. Hence, learned counsel pleaded that this issue may also be remitted to the file of the Assessing Officer.
2 M/s. Shreedham Constructions Pvt. Ltd.
We have heard both the counsel and perused the records. We find that the ITAT in assessee’s own case in earlier years has remitted similar issue to the file of the Assessing Officer. Hence, following the aforesaid precedent, we deem it appropriate to remit this issue also to the file of the Assessing Officer. The Assessing Officer shall decide the issue in terms of the ITAT direction as above.
In the result appeal filed by the assessee is allowed for statistical purposes.
Pronounced in the open court on 9.3.2021.