2010 (9) TMI 1270

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....Respondent by : Shri B.V.Jhaveri ORDER R.S.Syal, This batch of four appeals by the Revenue arises out of the common order passed by the Commissioner of Income-tax (Appeals) on 31.03.2009 in relation to the assessment years 2004-2005 to 2007-2008.   2. The only ground raised in assessment year 2004-2005 is against the deletion of addition of Rs. 24,44,68,480 on account of TDRs taxe....

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....granted by the SRA / MMRDA which could be used by the recipient for construction of flat / premises in Mumbai. In this backdrop of facts it was held that the value of TDRs was liable to be added to the total income on the basis of sale consideration. He, therefore, made addition accordingly in all the years in question. The learned CIT(A) came to hold that the A.O. was not justified in rejecting t....

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....which the project is completed. The assessee is admittedly following mercantile system of accounting  and the project completion method has been approved by the ld. CIT(A) as well. The Mumbai Bench of the Tribunal in Chembur Trading Corporation (supra) vide its order dated 21.01.2009 has held that when the assessee is following project completion method, sale proceeds of TDRs should be includ....

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....n the total income of the assessee in the assessment year 2008-2009, subject to the availability of other deductions, as per law.  The learned A.R. has stated at Bar that the assessee voluntarily included  such amount in the income for the assessment year 20082009, assessment of which  is still in progress and the assessment order has not yet been passed. We, therefore, hold  t....