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2021 (7) TMI 483 - ITAT MUMBAIAddition on account of undisclosed sales - year of taxability - HELD THAT:- M/s Nirman Trimurti Developers the co-developer of the project has offered the sales receipts to tax in AY 2016-17. We find that the assessee has not furnished documentary evidences before the AO or the CIT(A) to substantiate that the assessee has received its share of 35% of sales receipts in the period relevant to AY 2017-18. Considering the fact that this factual aspect is required to be examined, we deem it appropriate to restore this issue back to the file of AO for denovo examination. AO shall tax the assessee’s share in sale considered from the project in the year of actual receipt. Ground of the appeal are allowed for statistical purpose.
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