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2019 (1) TMI 883 - AT - Income TaxAddition of extra income reflected in the AIR - amount received by assessee on behalf of the society which was duly reflected in accounts of the society - Held that:- As observed that the impugned amount of ₹ 90 lakhs generated from the original transactions was belonged to the society and not the assessee. The assessee was only authorized to collect the amount on behalf of the society and therefore, it was not the income of the assessee. CIT(A) also made a logical conclusion that when the assessee had received an amount from ₹ 179 lakhs at the time of booking of shop no. 7 by the said Vanitaben Dilipkumar in the preceding years i. e. ₹ 1 crore in F. Y. 2008-09, ₹ 78 lakhs in F. Y. 2009-10 and ₹ 1. 00 lakh in F. Y. 2012-13, the same was not treated as income of the assessee in the respective years, then how the receipt of ₹ 90 lakhs could be taxed in the year of receipt i. e. A. Y. 2013-14 respectively. CIT(A) has analyzed all materials viz. books of accounts of the assessee, receipts collected by the assessee towards sale of various units on behalf of the society in the preceding years, details development fees along with TDS collected from the society, relevant clauses of development agreement entered into by the assessee and the society, while arriving at the conclusion. There is no material placed before us, which compel us to deviate from the finding of the ld. CIT(A). Therefore, considering well reasoned order of the ld. CIT(A), we do not find merit in the appeal of the Revenue. Order of the ld. CIT(A) is upheld, and the ground of appeal of the Revenue is rejected.
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