2025 (6) TMI 391

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....ection 143(3) of the Income Tax Act, 1961 [herein after, the Act] for the assessment year 2015-16. 2. The assessee has raised following common ground of appeal: 1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of Rs. 3,96,00,000/- being the alleged receipts accrued from M/s CHD Developers Ltd. for sale of flats. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of Rs. 3,96,00,000/- being the alleged receipts accrued from M/s CHD Developers Ltd. for sale of flats is bad in law and against the facts and circumstances of the case. ....

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....in appeal before the Tribunal. 6. Ld. Counsel for the assessee submitted that the case is squarely covered from the assessee own case ITA No. 3106/Del/2017 to 3107/Del/2017 and ITA No. 1683/ Del/ 2019 to 1684/Del/ 2019 for the A. Y. 2010-11 to 2014-15 in which the addition have been deleted. He also submitted that the appeal of the assessee be allowed. 7. Ld. Sr, DR fairly admitted this fact. 8. We have heard the parties and gone through the materials available on record. 9. In the ITA No.3106/Del/ 2017 Root developers Private Limited vs. DCIT, Circle -3 Gurgaon the Co-ordinate Bench held as under: 12. We have heard the rival contentions made by the respective parties and perused the records. We find that the issue invo....

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....No. 50 of the paper book being the balance sheet as on the date on 31.3.2010 is clearly depicted that the assessee incurred cost of Rs. 158892504.18 as the cost of the project. Initially the agreement was made between the assessee and the land owners, but subsequently construction was admittedly done by the CHD Developers. Page 92 of the Paper Book-1 evidencing that Rs. 25 cr is included in Rs. 115 cr. as the total sale proceeds. The assessee's claim that the same has already disclosed. Under these facts and circumstances of the case, we are directing the AO to verify this particular aspect of the matter as to whether Rs. 25 crore received by the assessee as security deposit is included in Rs. 115 cr. If it is found, then assessee be given ....