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2015 (4) TMI 1344

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..... occasion to examine the facts of the case in the light of the above decisions cited by the learned Counsel for the assessee. Both the parties agreed that the matter may be remanded to the file of the AO for reconsideration of the issue in the light of the decision delivered by the Hon'ble Punjab Haryana High Court [ 2009 (11) TMI 995 - PUNJAB AND HARYANA HIGH COURT] and the Hon'ble Supreme Court ( 2009 (5) TMI 16 - SUPREME COURT] . We find force in the submissions of both the parties that the matter requires reconsideration in the light of the above decisions. We accordingly, set aside the orders of the authorities below and restore this issue to the file of the AO for reconsideration of the same in the light of the above dec .....

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..... assessee as soon the entries are posted in the books of account. He observed that the assessee itself in the past was showing income on the basis of entire turnover. Similar type of retention money clause was there and that the assessee has changed his method of accounting. He, therefore, brought to tax the retention money of Rs.99,99,041/-. 4. On appeal, the CIT(A) deleted the addition by observing that his predecessor in the case of the assessee itself in the earlier Assessment Years 2002-03, 2005-06 and 2006-07 vide appellate order No.CIT(A)/VLS/95/05-06 dated 14.12.2005 and that he himself in the A.Y. 2007-08 vide appellate order No.CIT(A)/VLS/238/09-10 dated 29.11.2010 has decided the issue in favour of the assessee. He, therefore, .....

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..... mine the facts of the case in the light of the above decisions cited by the learned Counsel for the assessee. Both the parties agreed that the matter may be remanded to the file of the AO for reconsideration of the issue in the light of the decision delivered by the Hon'ble Punjab Haryana High Court and the Hon'ble Supreme Court (supra). We find force in the submissions of both the parties that the matter requires reconsideration in the light of the above decisions. We accordingly, set aside the orders of the authorities below and restore this issue to the file of the AO for reconsideration of the same in the light of the above decisions cited by the learned Counsel for the assessee. The AO shall also verify the details filed by t .....

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..... <![endif]--><!--[if gte mso 10]> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; .....

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