Assessee
is engaged in the business of sale/purchase of TDR and earns income by way of
stallage and construction activity. During the year under consideration,
assessee received advance booking amount on account of construction activity
and the same was shown as WIP following the “Project completion method”. AO was
of the view that assessee must follow “Percentage completion method” as per
AS-7. Hence, he rejected assessee’s books of accounts and estimated profit @ 8%
of the booking advance. The said addition was deleted by CIT(A). On Revenue’s
appeal, Hon’ble ITAT observed that in earlier year, Hon’ble ITAT had held that
the assessee was not a “Contractor” but was a “Developer” who awarded contracts
to different contractors for executing civil, electrical, plumbing work, etc.
Hence, AS-7 was not applicable to the assessee. Also, no construction activity
was carried out during the year under consideration. Assessee had merely
received advances and there was no certainty of revenue recognition at that
stage. Also, all the significant risks and ownership at that juncture vested in
the hands of the assessee. Hence, like addition was deleted in earlier year by
the Hon’ble ITAT. Following the earlier year’s order, Hon’ble ITAT deleted the
impugned addition.
[ITO
vs. M/s. Meeti Investment and Consultancy P. Ltd. – ITA No.1714/Ahd/2010]
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