2022 (8) TMI 458

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....dheria, Adv....for the appellant. Mr. Abhratosh Majumdar, Sr. Adv. Mr. Pingal Bhattacharyya, Adv....for the respondent. The Court : We have heard Mr. Prithu Dudheria, learned standing counsel for the appellant/revenue and Mr. Abhratosh Majumdar, learned senior counsel assisted by Mr. Pingal Bhattacharyya, learned Advocate for the respondent/assessee. There is a delay of 236 days in filing th....

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....rred in law in deleting income of the Assessee from sale of development right to the tune of Rs.4,90,52,168/- being not actually received in the relevant previous year. But the accrual took place on February 8, 2006 which was within the Financial Year 2005-06 ? (ii) Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal erred in law in agreeing....

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....he same during the year under consideration. In paragraph 7 of the order passed by the tribunal, the following factual finding has been recorded: "During the course of appellate proceedings, the assessee, however, furnished the relevant details to show that the said amount was actually not received during the year under consideration and since the Assessing Officer could not rebut or cont....

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....e income from the said project actually accrued to the assessee in the assessment year 2009-10 and the same was accordingly recognised and offered to tax as could be seen from the assessment order dated 20th December, 2016. On perusal of the said assessment order the tribunal noted that the amount of Rs.50,00,000/- has already taxed in the hands of the assessee for the assessment year 2009-10 when....