TMI Blog2009 (3) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal has come to a finding of fact that there were no expenses incurred by the assessee in earning dividend income and there were no administrative or personal expenses which could be said to be expenses for earning such dividend - Assessing Officer made an addition of Rs.3,11,00,273 on reconciliation of all the receipts of incomplete contracts. The Tribunal has found that similar additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l was right in deleting the addition of Rs.3,11,00,273 made by the Assessing Officer as enhancement of the value of closing work-in-progress even though the assessee had on one hand not included the said amount in its gross receipts relating to incomplete contracts but on the other hand claimed the benefit of TDS on the said amount in its return of income ? (B) Whether on the facts and in the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee in earning dividend income ?" 2. Counsel appearing for the appellant states that he is not pressing the questions (B) and (C) as they do not arise from the judgment impugned in this appeal. 3. In so far as question (A) is concerned, we find that the Assessing Officer made an addition of Rs.3,11,00,273 on reconciliation of all the receipts of incomplete contracts. The Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n used for the relevant assessment year and under this component-assessee was entitled to the benefit of TDS which was effectively a part of the total receivable amount. Counsel appearing for the Revenue could not place any material before us to show that the orders of the Income-tax Appellate Tribunal for the assessment years 1996-97 to 1999-2000 were challenged. In the circumstances, according t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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