TMI Blog2018 (3) TMI 387X X X X Extracts X X X X X X X X Extracts X X X X ..... t she was doing the work of promotion for selling flats and for this purpose she had been paid. The amount paid to her was named as 'liaisoning fee'. Each year stands on its own footing and showed the expenditure and income. The amount which was earned by the Director Asha Peterson was disclosed and declared by her in her income tax return and was paid tax on it. The Tribunal also recorded a fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l under Section 260-A of the Income Tax Act, 1961(hereinafter referred to as the 'Act') has been filed by the department against the order of the Income Tax Appellate Tribunal dated 10.09.2009 for the assessment year 2004-05. The questions of law sought to be answered are as hereunder: 1. Whether on the facts and in the circumstances of the case the ITAT was legally correct in confirm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other legal entity can be equated with the development and building of housing and such civil contractor can be termed as developer and builder of housing project? The question nos.2 and 3 are covered by a decision of this Court in Income Tax Appeal No.125 of 2010 passed today itself. Insofar as the question no.3 is concerned the facts are that for the year under consideration the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax return and was paid tax on it. The Tribunal also recorded a finding of fact that the business of the assessee was of selling flats and flats had been booked in that year and had been sold and her services had been used for selling of those flats. In view of the finding of the fact recorded by the Tribunal it cannot be said that any part of provision of Section 37(1) of the Act were cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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