2023 (2) TMI 1056

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.... Sh. Saktijit Dey, Judicial Member And Sh. Pradip Kumar Kedia, Accountant Member Assessee by: Sh. Rakesh Gupta, Adv., Sh. Somil Aggarwal, Adv. & Sh. Deepesh Garg, Adv. Revenue by: Sh. M. Baranwal, CIT DR & Sh. B. K. Singh, Sr. DR ORDER Per Bench: These are bunch of 27 appeals relating to 5 different assesses. These appeals have been filed both by the assessee and the revenue and arise out of a common order dated 03.03.2017 of ld. CIT(A)-I, Gurgaon and pertain to A.Y. 200708, A.Y. 2010-11, A.Y. 2011-12, A.Y. 2012-13 and A.Y. 201314. Since, the appeals have, more or less, common grounds and issues are overlapping, they have been clubbed together and disposed off in a consolidated order, for the sake of convenience. 2. Briefl....

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.... was paid to the appellants through M/s Roots Developers Pvt. Ltd. From the perusal, the seized/impounded documents and the other materials on record, the Assessing Officer found that though substantial amounts were received by the assessees on sale of land, however, in the Income Tax Returns filed for different Assessment Years, the concerned assessees have not offered the income. Accordingly, the Assessing Officer reopened the assessments under section 147 of the Act in all cases. From the collaboration agreement entered by the appellants and M/s Roots Developers Pvt. Ltd. with M/s CHD Developers Pvt. Ltd., it was found that M/s CHD Developer Pvt. Ltd. agreed to pay sum of Rs.25 crores to M/s Roots Developer Pvt. Ltd. as nonrefundable and....

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....,00,00,000 B.I=12,00,00,000     Dharampal singh yadav R.IACCEPTED         4. Against the Assessment Order so passed, the present appellants and M/s Roots Developer Pvt. Ltd. filed appeals before the First Appellate Authority. 5. While deciding the appeals, in so far as the present appellants are concerned, ld. Commissioner (Appeals) directed the Assessing Officer to assess the entire income in Assessment Year 2010-11. Whereas, in case of M/s Roots Developer Pvt. Ltd., he directed the Assessing Officer to make the additions in assessment years 2010-11, 2011-12, 2013-14, 2014-15, 201516 and 2016-17. The additions to be made in respect of the present appellants and M/s Roots Develo....

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....itions in Assessment Year 2010-11. The appellants contested the addition made by the Assessing Officer by filing appeals before learned Commissioner (Appeals). 8. During the pendency of appeals before the First Appellate Authority, the appellants filed declarations under the Direct Tax Vivad-se-Viswas Scheme 2020 for settling the dispute. After acceptance of declarations filed under Vivad-se-Viswas Scheme and payment of requisite tax computed, the dispute was settled with issuance of Form 5 by the competent authority. 9. Keeping in view the aforesaid factual backdrop, we proceed to decide the present appeals. 10. We have heard Sh. Rakesh Gupta, learned Counsel appearing for the assessee and Sh. M. Baranwal, learned CIT DR. Learned ....

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....ve additions, which were made in different Assessment years, in a single Assessment Year i.e. Assessment Year 2010-11. Against the Assessment Orders so passed, the appellants went in appeal before learned Commissioner (Appeals). During the pendency of the appeals before learned First Appellate Authority, the appellants have filed declarations under Vivad-se-Viswas Scheme and paid the requisite tax demand computed by the competent authority. On payment of tax demands, the competent authority has accepted the declarations filed by the appellants and issued Form 5 in favour of the appellants. This is evident from the copies of Form 3 and Form 5 filed before us. In fact, learned Departmental Representative has accepted the aforesaid factual pos....