TMI Blog2013 (7) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... hi Bench 'B', Delhi, for adjudication afresh and in accordance with law - Decided in favour of Revenue. - ITA No.233 of 2004 - - - Dated:- 5-7-2013 - Rajive Bhalla And Bharat Bhushan Parsoon, JJ. For the Appellant : Shri Yogesh Putney, Advocate For the Respondent : Shri Akshay Bhan, Advocate ORDER Rajive Bhalla , J. (Oral):- By this order, we shall dispose of ITA Nos.233 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord, we find that assessee deserves to succeed in this ground. The reason for succeeding by assessee in this ground is that it is not in dispute that liquidated damages claimed by assessee pertains to contract completed during the year. It is also not disputed that there were delays beyond the stipulated date, which fell within the relevant previous year and they were payable as per the contract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd if it is found that it was allowed in another subsequent year, then the same may also be withdrawn, as there is nothing on record to show that whether this amount of Rs.26,92,575/- has been paid by the assessee on account of delayed work completed. Therefore, the Assessing Officer is directed to verify that whether this amount has been paid by the assessee or still remains unpaid and if it is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... airly concedes that the ITAT has committed an error and states that he has no objection if the appeal is allowed and the matter is remitted for adjudication afresh. We have heard counsel for the parties, perused the impugned order as well as the contradictory findings, reproduced above, and in view of statement made by counsel for the respondent, allow the appeal, set aside the impugned order an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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