2015 (2) TMI 1095 - AT - Income Tax

ITAT Delhi Reverses Deletion of Rs. 10.76 Cr Addition, Remits Case for Fresh Assessment

The Appellate Tribunal ITAT Delhi allowed the Revenue's appeal, overturning the deletion of an addition of Rs. 10,76,70,521 by the AO for the assessment ... Addition on account of advance from booking - assessee had failed to provide break-up of unitwise cost, if any, against such advance bookings were made - CIT(A) deleted the addition - Held that:- 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. 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. - Decided in favour of revenue for statistical purposes. The Appellate Tribunal ITAT Delhi allowed the Revenue's appeal against the deletion of addition of Rs. 10,76,70,521 made by the AO for the assessment year 2006-07. The matter was remitted to the AO for fresh decision based on a separate order passed for the two preceding assessment years.