M/S. Stewarts & Lloyds of India Ltd., Kolkata vs. DCIT, Circle-1, Kolkata
In the result, appeal of the assessee is dismissed
ITA 1172/KOL/2017[2009-10]Status: DisposedITAT Kolkata15 Mar 2019AY 2009-10
Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2007-08 Assessment Year: 2007-08 Assessment Year: 2008-09 Assessment Year: 2009-10 M/S. Stewarts & Lloyds Of India Ltd…….……...........…………..……………….…...……..…….……...Appellant 41, Chowringhee Road Kolkata – 700 071 [Pan : Aaecs 0445 G] Vs. Deputy Commissioner Of Income-Tax, Circle-1, Kolkata……....................…….…..............Respondent Appearances By: Shri Pankaj Parakh, Fca, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 24Th, 2019 Date Of Pronouncing The Order : March 15Th, 2019 Order Per J. Sudhakar Reddy, Am :- These Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals) - 5, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 23/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Years 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 3. We Have Heard Shri Pankaj Parekh, Fca, The Ld. Counsel For The Assessee & Shri A.K. Nayak, Cit D/R On Behalf Of The Revenue. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:-
Section 143(3)Section 250Section 263Section 5
…ating entire contract amount as accrued on submission of bills on completion of work - Held, yes” 5. The decision of the ITAT Mumbai ‘H’ Bench of the Tribunal in the case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax [2009] 27 SOT 593 (MUM.) relied upon by the ld. D/R is not applicable to the facts of the case, for the reason that, what was considered by the Bench was performance bank guarantee and not retention money as in the case of the assessee company. Even otherwise, we are bound by the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Incom…