9911796707
TMI Blog2015 (2) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... states that Respondents has been served. He undertakes to file affidavit of service in that behalf by tomorrow i.e. 17th February, 2015. 2. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 20th June, 2012 passed by the Income Tax Appellate Tribunal (the Tribunal) for the Assessment Year 2007-08. 3. The Revenue has formulated the following questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent on 22nd August, 2002 with one M/s. Kumar Builders. In terms of agreement, M/s. Kumar Builders who were to plan, manage, supervise and execute the construction of a project in Pune, were to be paid remuneration at 13.50% gross sale proceeds received from the prospective buyers of flats/ shops in the said project. 5. For the Assessment Year 2007-08, the Respondent-Assessee has received gross sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to Rs. 2730.32 lakhs. 7. The CIT(A) also observed that the Respondent-Assessee had deducted and paid into the treasury Tax at Source (TDS) on the fees of Rs. 339 lakhs paid to Ms/s. Kumar Builders in respect of sale of flats/shops which had taken place during the Assessment Year 2007-08. 8. On further appeal by the Revenue, the Tribunal by the impugned order recorded a finding of fact that A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs on the assumption that some amount thereof is attributable to an earlier Assessment Year. The questions of law as formulated by the Revenue would not in our view arise as the deduction is being claimed on the amount paid as project management fees on the amounts received for the subject Assessment Year and not for the earlier Assessment Year. 10. In view of the fact that two authorities ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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