CIT(A) deletion of profit on on-money receipt addition during reassessment upheld following earlier favorable order

ITAT Indore upheld CIT(A)'s deletion of addition made during reassessment proceedings regarding profit on on-money receipt. The CIT(A) had consistently deleted similar additions in the original assessment under section 143(3), which was previously confirmed by the Tribunal. Since the Department's appeal against the original deletion was dismissed by ITAT, the reassessment addition on the same issue was covered by the earlier favorable order. The Tribunal found no error in CIT(A)'s approach of following its prior consistent order, as the matter was conclusively decided in the assessee's favor.

---

---

Issues involved:
Two appeals by the Revenue and cross objections by two assessees against the orders of the Ld. CIT(A) for the assessment years 2014-15.

I.T.A.No. 232/Ind/2023:
- Issue: Addition of profit on on-money receipt made by the AO in reassessment proceedings.
- The AO made an addition on account of profit on on-money receipt based on the declaration of the assessee before the Settlement Commission.
- The Ld. CIT(A) deleted the addition, which was upheld by the Tribunal in a previous order.
- The Tribunal found no error in the CIT(A)'s decision as the issue was already covered by the Tribunal's previous order.

Cross Objection No.8/Ind/2023:
- Issue: Validity of the reassessment order.
- Since the merits of the addition in the Revenue's appeal were decided in favor of the assessee, the cross objection became academic and infructuous.
- The Tribunal dismissed the cross objection as it had become infructuous.

I.T.A. No. 233/Ind/2023:
- Issue: Addition of profit on on-money receipt made by the AO in reassessment proceedings.
- Similar to the previous appeal, the AO made an addition on account of profit on on-money receipt, which was deleted by the Ld. CIT(A) and upheld by the Tribunal in a previous order.

Cross Objection No.6/Ind/2023:
- Issue: Validity of the reassessment order.
- The grounds raised in the Revenue's appeal and the cross objection of the assessee were identical to those in a previous case.
- The Tribunal dismissed the appeal of the Revenue and the cross objection of the assessee as they were covered by the previous order.

In conclusion, both appeals of the Revenue and cross objections of the assessee were dismissed by the Tribunal based on the previous decisions and findings.

---