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“project completion method”

ICDS & AccountingICDS IIIICDS III326 judgments

The decision most relied on for project completion method is CIT v. Bilahari Investment (P) Ltd. (299 ITR 1), cited in 206 judgments on BharatTax.

Leading authorities on project completion method

CIT v. Bilahari Investment (P) Ltd.
299 ITR 1 · 2008 · Supreme Court
206
citing judgments

The project completion method and the percentage of completion method are both recognized methods for recognizing income from real estate contracts.

CIT v. Hyundai Heavy Industries Co. Ltd.
291 ITR 482 · 2007 · Supreme Court
166
citing judgments

The Supreme Court held that the 'project completion method' and the 'percentage of completion method' are recognized accounting methods for ascertaining profit for contracts. The case affirms these methods in the context of contract accounts.

CIT v. Shivalik Buildwell P Ltd.
40 Taxmann.com 219 · 2013 · High Court
44
citing judgments

Real estate developers' profits arise only upon the transfer of title, and advances received from customers cannot be treated as trading receipts in the year of receipt.

CIT v. Ashaland Corporation
133 ITR 55 · 1982 · High Court
44
citing judgments

Income from the sale of immovable property, including any 'on-money' component, is taxable only when the sale is complete, marked by the execution and registration of the sale deed and/or transfer of possession to the buyer.

CIT v. Happy Home Corporation
94 Taxmann.com 292 · 2018 · High Court
42
citing judgments

When a partner admits to undisclosed income during a survey, and that income is linked to future sale deed registrations, it can be considered as income received for the purpose of assessment under Section 145 of the Income-tax Act, 1961, even if it is subject to conditions.

Ltd. v. ITO
64 DTR 251 · 2011 · ITAT
39
citing judgments

The Assessing Officer accepted the assessee's claim of being in the construction business and its use of the project completion method, and the Revenue did not take remedial measures under sections 263 or 147, indicating acceptance of the assessment.

CIT v. ARUN EXCELLO FOUNDATIONS (P) LTD.
212 Taxmann 342 · 2013 · High Court
35
citing judgments

Accounting Standard 7 is not applicable to real estate developers, and therefore, the percentage of completion method cannot be imposed on them. Assessees are justified in following the project completion method as per Accounting Standard 9.

Prestige Estate Projects (P) Ltd. v. DCIT
33 DTR 514 · 2010 · ITAT
28
citing judgments

A real estate developer adopting the completed contract method of accounting cannot be forced to follow the percentage completion method under AS-7 if AS-7 has not been specified by the Central Government under section 145(2). The Assessing Officer cannot reject accounts under section 145(3) solely on this ground.

Judgments citing project completion method

M/S. Utkal Builders Ltd., Bhubaneshwar vs. DCIT, Circle - 1(1), Kolkata

In the result, this appeal of the assessee is allowed not only on legal ground of violation of principles of natural justice but also on merits

ITA 605/KOL/2024[2017-18]Status: DisposedITAT Kolkata12 Sept 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. Nos.604&605/Kol/2024 Assessment Years: 2016-17 & 2017-18 M/S Utkal Builders Ltd…....…….…....…………….......…....………....Appellant Plot No.777, Virayatan Saheed Nagar, Bhubaneshwar, Khorda, Orissa – 751007. [Pan: Aaacu5502C] Vs. Dcit, Circle-1(1), Kolkata……............................................…..…..... Respondent Appearances By: Shri S. M. Surana, Ar & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 18, 2024 Date Of Pronouncing The Order : September 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee For Different Assessment Years Against The Separate Orders Dated 15.02.2024 & 14.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Common Issues Are Involved In Both The Appeals, Therefore, Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. Ita No.604/Kol/2024 Is Taken As Lead Case For Narration Of Facts. 2. Ita No.604/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 131Section 250Section 68

Utkal Builders Ltd No: GA/2/2022 order dated 26.07.2022, wherein, under similar circumstances, the Jurisdictional High Court held that wherein, the assessee is following project completion method and in the absence of any prohibition or restriction under the provisions of Income Tax Act, the CIT(A) cannot be held

M/S. Utkal Builders Ltd., Bhubaneshwar vs. DCIT, Circle - 1(1), Kolkata

In the result, this appeal of the assessee is allowed not only on legal ground of violation of principles of natural justice but also on merits

ITA 604/KOL/2024[2016-17]Status: DisposedITAT Kolkata12 Sept 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. Nos.604&605/Kol/2024 Assessment Years: 2016-17 & 2017-18 M/S Utkal Builders Ltd…....…….…....…………….......…....………....Appellant Plot No.777, Virayatan Saheed Nagar, Bhubaneshwar, Khorda, Orissa – 751007. [Pan: Aaacu5502C] Vs. Dcit, Circle-1(1), Kolkata……............................................…..…..... Respondent Appearances By: Shri S. M. Surana, Ar & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 18, 2024 Date Of Pronouncing The Order : September 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee For Different Assessment Years Against The Separate Orders Dated 15.02.2024 & 14.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Common Issues Are Involved In Both The Appeals, Therefore, Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. Ita No.604/Kol/2024 Is Taken As Lead Case For Narration Of Facts. 2. Ita No.604/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 131Section 250Section 68

Utkal Builders Ltd No: GA/2/2022 order dated 26.07.2022, wherein, under similar circumstances, the Jurisdictional High Court held that wherein, the assessee is following project completion method and in the absence of any prohibition or restriction under the provisions of Income Tax Act, the CIT(A) cannot be held

Mayfair Properties, Kolkata vs. DCIT, Cir. 32, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 395/KOL/2024[2018-19]Status: DisposedITAT Kolkata06 Aug 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.395/Kol/2024 Assessment Year: 2018-19 Mayfair Properties….…………….....……………………....………....Appellant 194, Hossenpur, Mayfair Tower, C N Roy Road, East Kolkata Township, West Bengal-700107. [Pan: Aagfm2513C] Vs. Dcit, Circle-32, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Manish Kumar Mundra, Ar, Appeared On Behalf Of The Appellant. Md. Ghayansuddin, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 20, 2024 Date Of Pronouncing The Order : August 06, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer Of Rs.16,47,19,380/- By Making Assessment Of The Income Of The Assessee Applying Percentage Completion Method As Against The Plea Of The Assessee That It Has Been Regularly Following Project Completion Method.

Section 145(2)Section 250

income of the assessee applying percentage completion method as against the plea of the assessee that it has been regularly following project completion method. I.T.A. No.395/Kol/2024 Assessment Year: 2018-19 Mayfair Properties 3. The brief facts of the case are that the assessee is a partnership firm and is engaged ... developers. During the year, the assessee company had undertaken two projects i.e. 1. Mayfair Greenwoods, 2. Mayfair Elite. The assessee has been following ‘project completion method’ of accounting, where the income is offered to tax on completion of the project. Further, the assessee firm had executed agreements for sale during

DCIT Central Circle-1, Vadodara vs. Darshnam Life Spaces Pvt Ltd, Vadodara

In the result, both the appeals of the Revenue are hereby dismissed

ITA 663/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad28 Jun 2024AY 2015-16

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2015-16 Deputy Commissioner Of Darshnam Life Spaces Pvt. Income Tax, Ltd., Central Circle-1, 3Rd Floor, Platinum Complex, Vs Vadodara Opp. Ganga Jamuna Hospital, Subhanpura, Vadodara-390023 [Pan No.:Aadcd2030M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : None Respondent By : Shri Kamlesh Makwana, Cit Dr सुनवाई क" तार"ख/Date Of Hearing: 12.06.2024 घोषणा क" तार"ख /Date Of Pronouncement: 28.06.2024 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Revenue As Against The Appellate Order Dated 14.06.2023 Passed By Commissioner Of Income Tax (Appeals) – 12, Ahmedabad Arising Out Of The Assessment Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Relating To The Assessment Year 2015-16. 2. The Grounds Of Appeal Raised By The Revenue Are As Follows:-

For Appellant: NoneFor Respondent: Shri Kamlesh Makwana, CIT DR
Section 143(3)Section 68

following percentage completion method for recognition of Revenue. However, with respect to Darshanam Central Park the method of accounting used is based on project completion method and Revenue is recognized on sale of units per annum. Following the order passed in the Assessment Year 2012-13, the Assessing Officer made ... addition by converting the project completion method to percentage completion method. However, that assessment order was challenged before this Tribunal by the Revenue and vide its common order in ITA No. 1590/Ahd/2016 dated 30.04.2019 the Coordinate Bench of this Tribunal held as follows:- A.Y. 2015-16 4 “7.2 Regarding

Skywards Kanakraj Developer, Pune vs. Income Tax Officer, Ward 3(1), Pune

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 725/PUN/2024[2018-19]Status: DisposedITAT Pune11 Jun 2024AY 2018-19

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.725/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Skywards Kanakraj Vs. Ito, Ward-3(1), Pune. Developer, Office No.704, Vb Capital, Range Hills Road, Opp. Symphony Restaurant Shivaji Nagar, Pune- 411007. Pan : Acafs3003P Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 11.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing Ex-Parte Order & Erred In Not Deciding The Issue On The Merits Of The Case, This Action Is Being Violative Of Principal Of Natural Justice. Your Appellant Prays For Granting Opportunity Of Hearing Before Lower Authorities.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 115BSection 143(3)Section 40aSection 43B

stuck down. 8. On the facts and circumstances of the case and in law Learned Assessing Officer erred in rejecting the Project completion method followed by appellant constantly and further erred in substituting Percentage completion method and estimating net profit at 8 percent on adjusted WIP thereby, making an addition