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2020 (1) TMI 1557 - AT - Income TaxDisallowance made u/s. 36(1)(va) r.w.s. 43B - HELD THAT:- This addition is not sustainable as per hon'ble jurisdictional high court’s decision in CIT vs. M/s Vijay Shree Ltd. [2011 (9) TMI 30 - CALCUTTA HIGH COURT] has already decided the very issue in assessee’s favour as relied upon in the CIT(A)’s findings. We therefore affirm the CIT(A)’s findings under challenge deleting the impugned disallowance. Addition of retention money - sole argument is that the Assessing Officer had rightly added the impugned retention money as assessee’s income going by its accounting method regularly followed - HELD THAT:- We find no merit in Revenue’s instant grievance. It has come on record that this latter issue; although a recurring one, is no more res integra between the parties since the tribunal’s order(s) in assessment years 2008-09 and 2009-10 [2017 (3) TMI 1161 - ITAT KOLKATA] have already decided the same in assessee’s favour. We wish to reiterate with the Revenue’s pleadings have nowhere sought to draw any exception on facts or law in it impugned assessment year. We therefore affirm the CIT(A)’s findings under challenge by adopting judicial consistency. The Revenue fails in its instant latter substantive grievance as well. - Decided in favour of assessee.
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