DCIT, Circle-24(2), New Delhi V. Stellar Constellation Projects P.Ltd, New Delhi

ITA 5507/DEL/2017

AI Insights

The case involves the Revenue's appeal against the order of the Commissioner of Income Tax (Appeals) which had deleted an addition made by the Assessing Officer regarding the income declared by M/s. Stellar Constellation Projects Pvt. Ltd. for the Assessment Year 2013-14. The addition was initially made by the Assessing Officer due to a discrepancy in the percentage of completion of a housing project, 'Stellar Jeeven', which affected the revenue recognized for that year. The Tribunal's decision was influenced by the fact that the project had concluded and the income for subsequent years had been accepted based on the POCM, rendering the issue revenue neutral.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113944 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 16-01-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 28-08-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANGEETA YADAV
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘G’ : NEW DELHI) BEFORE SH. N.K.BILLAIYA, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.5507/Del/2017, A.Y. 2013-14 DCIT, Circle-24(2) C.R.Building, New Delhi Vs. M/s. Stellar Constellation Projects Pvt. Ltd. B-29, Sheikh Sarai, Phase-1, New Delhi PAN : AAOCS0609J Assessee by Sh. Kapil Goel, Adv. Revenue by Ms. Sangeeta Yadav, Sr. DR Date of hearing: 17.01.2023 Date of Pronouncement: 19.01.2023 ORDER Per Anubhav Sharma, JM : The appeal has been filed by the Revenue against order dated 22.06.2017 in Appeal No. 115/16-17/2777 assessment year 2013-14 passed by Commissioner of Income Tax (appeals)-30, New Delhi (hereinafter referred to as the First Appellate Authority or in short ‘Ld. F.A.A.’) in regard to the appeal before it arising out of assessment order dated 26/12/2016 u/s 143(3) of the Income Tax Act, 1961 passed by the ACIT, Range-24, New Delhi (hereinafter referred to as the Assessing Officer or ‘AO’). 5507.Del.2018 Tidal Securities P. Ltd., New Delhi 2. The brief facts of the case are that The return of income was filed on 27.09.2013, declaring total income at Rs. 4,71,97,300/-. Subsequently, assessment u/s 143(3) of the Act, was completed vide order dated 26.12.2016, at total income of Rs. 6,57,66,370/-, as against returned income of Rs.4,71,97,300/-, after making the addition of Rs. 1,85,69,070/- on account of increasing the percentage of completion of the project by 10.67%, determining at 38.38%, against the declared percentage of the completion of the project at 27.71%, by the assessee. 3. Ld. CIT(A) had deleted the addition and the revenue is in appeal raising following grounds :- 1. "The Ld.CIT(A) erred in deleting the addition of Rs.1,85,69,070/- made by the AO on account of proportionate sale on the percentage completion for the year in respect of housing project namely "Stellar Jeeven" despite the fact that assessee has violated the accounting principles i.e. assessee was following accounting standard 19 instead of revised accounting standard 7&9 as adopted by AO. Besides, assessee was following mercantile system of accounting in respect of accounting for revenue and expenditure, however, for the purpose of land cost, the assessee is following cash system of account." 2. The appellant craves leave to add, alter or amend any of the ground(s) of appeal before or during the course of hearing of the appeal.” 4. Heard and perused the record. 5. During the course of hearing it was pointed out on behalf of the assessee that the much water has flown after the impugned orders dated 22.06.2017 of ld. CIT(A) as the project in regard to which assessee was claiming POCM had concluded and at page no. 5 of paper book, a chart has been provided which shows that after the present assessment year 2013-14 the assessee had made the claim on the basis of percentage of completion for the subsequent six financial 5507.Del.2018 Tidal Securities P. Ltd., New Delhi years ending with F.Y. 2018-19. Which have been accepted in assessments. Copy of assessment order for the A.Y. 2014-15, which is immediately preceding year to the disputed A.Y. 2013-14, is available on page no. 1 and 2 of the paper book and it shows that in subsequent years the returned income was accepted. These facts remained uncontroverted by Ld. DR and leave no scope of interference in the findings of Ld. CIT(A). The issue becomes revenue neutral on acceptance of the calculation of income on POCM for subsequent years and project attaining 100% completion. The grounds stand decided against the revenue. The appeal of revenue is dismissed. Order pronounced in the open court on 19 th January, 2023. Sd/- Sd/- (N.K.BILLAIYA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:-19 th .01.2023 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI 5507.Del.2018 Tidal Securities P. Ltd., New Delhi Date of dictation 17 .01.2023 Date on which the typed draft is placed before the dictating Member 18.01.2023 Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order