ACIT, Gurgaon V. M/s Paras Build Call Pvt. Ltd., Gurgaon

ITA 235/DEL/2010

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86793 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 12-02-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 15-01-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SUNIL BUCKSHEE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: F : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND S HRI C.M. GARG, JM ITA NO. 23 5 /DEL /20 1 0 ASSESSMENT YEAR: 200 6 - 07 ACIT, CIRCLE - 2, GURGAON. VS. PARAS BUILD CALL PVT. LTD., 9 TH FLOOR, PARAS DOWN TOWN CENTRE, SECTOR ROAD, SECTOR - 53, GURGAON. PAN: A ACCP9648L ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI SUNIL BUCKSHEE, CA DEPARTMENT BY : S HRI VIKRAM SAHAY, SR. DR SHRI VIVEK WADEKAR, CIT, DR ORDER PER R.S. SYAL, AM : TH IS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 13.11.2009 R ELAT ING TO THE ASSESSMENT YEAR 200 6 - 07. ITA NO.235/DEL/2010 2 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION OF RS.10,76,70,521/ - MADE BY THE AO ON ACCOUNT OF ADVANCE FROM BOOKING EVEN THOUGH THE ASSESSEE HAD FAILED TO PROVIDE BREAK - UP OF UNITWISE COST, IF ANY, AGAINST SUCH ADVANCE BOOKINGS WERE MADE. 3. BOTH THE SIDES ARE IN AGREEMENT THAT THERE IS NOT MUCH DISCUSSION ABOUT THE FACTUAL ASPECTS EITHER IN THE ASSESSMENT ORDER OR IN THE IMPUGNED ORDER. THE APPEALS FILED BY THE REVENUE IN ASSESSEE S OWN CASE FOR THE AY 2004 - 05 AND 2005 - 06 WERE ALSO FIXED ALONG WITH THIS APPEAL . IT IS A COMMON SUBMISSION THAT THE DECISION TAKEN FOR SUCH EARLIER YEARS BE DIRECTED TO BE FOLLOWED AT THE AO S END FOR THE A.Y. UNDER CONSIDERATION . 4. WE HAVE PASSED A SEPARATE ORDER DISPOSING OF THE REVENUE S APPEALS FOR THE IMMEDIATELY TWO PRECEDING ASSESSMENT YEARS. AS THE NECESSARY FACTS ARE NOT AVAILABLE ON RECORD, WE SET ASIDE THE IMPUGNED ORDER AND REMIT THE MATTER TO THE FILE OF THE AO FOR DECIDING IT AFRESH IN CONFORMITY WITH OUR SEPARATE ORDER PASSED FOR IMMEDIATELY PRECEDING TWO ASSESSMENT YEARS. ITA NO.235/DEL/2010 3 5 . IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER PRO NOUNCED IN THE OPEN COURT ON 17 . 0 2 .201 5 . SD/ - SD/ - [ C.M. GARG ] [ R.S. SYAL ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 17 TH FEBRUARY, 201 5 . DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.