ITO, NEW DELHI vs. M/S. SMART INVESTMENT, NEW DELHI

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ITA 4604/DEL/2014Status: DisposedITAT Delhi31 August 2016AY 2010-114 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 findings that the wood work was done after the sale and that the sales returns were already declared as income, thus preventing double addition. Both grounds of appeal by the Revenue were dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning additions made for disallowance on wood purchase and sales returns. The assessee, a real estate firm, had declared a low total income.

What were the issues?

Whether the disallowance on account of wood purchase and the addition for sales returns were justified. The primary issue was to determine if the CIT(A)'s factual findings were correctly challenged by the Revenue.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : SMC-3 : NEW DELHI

Before: SHRI J. SUDHAKAR REDDY

For Appellant: Shri Ved Jain,CA &, Shri Ashish Goel, CA
For Respondent: Shri Rajesh Kumar, Sr. DR
Hearing: 17.08.2016Pronounced: 31.08.2016

ORDER This appeal filed by the Revenue is directed against the order of the CIT(A) dated 12.06.2014 for the assessment year 2010-11.

2.

The assessee is a partnership firm engaged in the real estate business. It filed its return of income on 24.9.2010 declaring total income of Rs.13,470/-. The AO completed assessment u/s 143(3) on 22.3.2013, inter alia, making two additions of Rs.8,54,369/- towards disallowance on account of purchase of wood and Rs.30 lacs recorded as sales returns. Aggrieved, the assessee carried the matter in appeal. The first appellate authority granted relief. Aggrieved, the Revenue is in appeal on both these issues.

3.

After hearing the rival contentions, I find that at para 8 and 9 of the ld.CIT(A)’s order, the clear finding of fact is given. He records that Shri Ravinder Kumar, the purchaser of the second floor had, in his statement, stated that wood work was carried out on the second floor flat after the sale of the property during the relevant year. As regards ground floor, wood work was also carried out and were shown as sales returns in the Profit & Loss Account. The closing stock particulars of the ground floor flat were shown by the assessee firm at Rs.32,90,150/- while the sales returns declared in the Profit & Loss Account was only Rs.30 lacs. The difference of Rs.2,90,150/- was the value of wood work. At para 9, the ld.CIT(A) recorded factual finding of the cost incurred towards purchase of wood and the amount paid to the carpenters and granted part relief to the assessee. This factual finding could not be controverted by the ld. DR. Thus, we uphold the same and dismiss these grounds of the Revenue.

4.

On the second addition of Rs.30 lacs, the first appellate authority recorded that, the assessee had declared this as income being sales returns and, hence, making an addition would amount to double addition. I fully agree with this finding. Thus, we uphold the same and dismiss this ground of the Revenue also.

5.

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

The order pronounced in the open court on 31.08.2016.

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