2010 (2) TMI 1276

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....D.K. Agarwal This appeal preferred by the revenue is directed against the order dt.16.1.08 passed by the ld. CIT(A) for the Assessment Year 2002-03 taking following effective ground of appeal. "1. Whether on the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in deleting the addition of ₹ 6,17,050/- made by the Assessing Officer on account of corpus fund ....

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....struction, distribution of films and hiring of studio equipments, filed return declaring an income of ₹ 6,29,547/-. During the course of assessment proceeding it was interalia observed by the AO that the assessee had collected a sum of ₹ 10/-per sq.ft. from the flat buyers at the time of sale of flat as contribution towards the fund called "Corpus Fund" for the various projects complet....

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....n M/s. Seagreen Ever Shine Builders Pvt. Ltd.(supra), the Tribunal on the identical issue while upholding the order of the ld. CIT(A) in deleting the addition held vide para-4 of its order dt.13th March 2009 as under: "4. After hearing the ld. Departmental Representative and the ld. Counsel, we are of the considered opinion that the order of the ld. CIT(A) is to be upheld. It is the fact that t....