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CIT-I Versus M/s. Malibu Estate P. Ltd.

Income recognition - accountancy practices of the assessee for the relevant year - AO recomputed the income by treating advances against properties which had NIL outstanding balances, as sales and consequently the income of the assessee as felt that the appropriate method of accounting for revenue recognition was AS-7 supported by the Institute of Chartered Accountant - Held that:- As in CIT vs. Manish Build Well Pvt. Ltd. [2011 (11)35 - DELHI HIGH COURT] differentiating between the project comp .....

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essee is real or hypothetical i.e. if there is a corresponding liability of the other party to pass on the benefits even without the transaction; probability or improbability of realization of benefits by the assessee etc. In these circumstances, the AOs decision was based on hypothetical income given that for the previous years AS-7 had been permitted. Furthermore, applying the decision in M/s. Excel Industries Ltd. (supra), we are of the opinion that the rule of consistency ought not to have .....

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as the Act ) is with respect to the correctness of the ITAT s order dated 13th December, 2013 in ITA No.2278/Del/2011. The Revenue urges that the ITAT fell into error in permitting the accountancy practices of the assessee for the relevant year. 3. The facts briefly are that assessee carries on business as a colonizer and real estate developer. It developed a colony known as Malibu Town in Gurgaon. Its return for the Assessment Year 2007-2008 is ₹ 1,61,88,518/-. The Assessing Officer (AO) .....

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s, as sales and consequently the income of the assessee. 4. The CIT(A) held that identical practice had been followed by the assessee for the previous year, Assessment Year 2006-07 and that AO s addition had been set aside. The CIT(A) s order then noted the relevant extracts of his order for the previous year. The ITAT in the present case refused to accept the Revenue s contentions, and held as follows:- 8. We have carefully considered the submissions and perused the records. We find that it is .....

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ee without putting forth the cogent reasoning. Furthermore, it is also undisputed that in respect of properties for which the addition has been made in this year, the sales has been recognised in the subsequent years. Moreover, in the preceding assessment year Ld. CIT(A) has deleted the similar addition. The deletion by the Ld. CIT (A) was affirmed by the Tribunal in ITA No. 4085/Del/2009 vide order dated 20.4.2012. 9. In this regard, we refer to the decision of the Hon ble Apex Court in the cas .....

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assessee has disclosed the income and paid tax thereon and if the rate of tax remained the same in the present asstt. year as well as in the subsequent asstt. year, the dispute raised by the Revenue was entirely academic or at best may have a minor tax effect . 5. Counsel for the Revenue urges that the same question in respect of Assessment Year 2006-07 has been entertained and the appeal is pending in ITA 252/2013. It is urged that consequently the present assessment year should follow the sam .....

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as and Co., (1962) 46 ITR 144 (SC) to highlight that income tax cannot be levied on hypothetical income. Likewise, the Court relied upon Godhra Electricity Co. Ltd. vs. CIT (1997) 225 ITR 746 (SC). The counsel stated that the three tests indicated in M/s. Excel Industries Limited (supra) would apply to the circumstances of this case given that the accountancy practices adopted by the assessee had been accepted earlier and that it was deemed to be the most appropriate for the activity in question .....

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t cannot be said that the project completion method followed by the assessee would result in deferment of the payment of the taxes which are to be assessed annually under the Income Tax Act. Accounting Standards 7 (AS7) issued by the Institute of Charted Accountants of India also recognize the position that in the case of construction contracts, the assessee can follow either the project completion method or the percentage completion method. In view of the judgments of the Supreme Court (Supra), .....

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