9911796707
TMI Blog2015 (10) TMI 1469X X X X Extracts X X X X X X X X Extracts X X X X ..... ntire issue to the file of the AO to examine, whether the assessee has offered the deferred income of each assessment year in subsequent assessment years for taxation and if it is actually offered for taxation by the assessee in the subsequent assessment years, the addition is unwarranted. With these observations, we remit the entire issue to the file of the AO for fresh consideration. - Decided in favour of revenue for statistical purposes. - ITA Nos. 1229 to 1232/Mds/2015 - - - Dated:- 21-8-2015 - SHRI CHANDRA POOJARI AND SHRI CHALLA NAGENDRA PRASAD, JJ. For The Appellant : Dr. B. Nischal, JCIT For The Respondent : Shri Saroj Kumar Parida, Advocate ORDER PER CHANDRA POOJARI, ACCOUNTANT MEMBER These appeals by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nearned income. The ld. AR also furnished before the Commissioner of Income-tax(Appeals), the copies of the orders of CIT(Appeals) in ITA No.191/2010-11 in the case of M/s. Sify Technologies Ltd. for assessment year 2003-04, in ITA No.171/2011-12 in the case of M/s. Sify Communications Ltd. for assessment year 2006-07, in ITA Tr.1/2010-11/LTU(A) in the case of M/s. Sify Technologies Ltd. for assessment year 2007-08 and also the order of ITAT, B Bench, Chennai in ITA No.851/Mds/2013 dated for assessment year 2008-09, wherein identical issue was allowed in favour of the assessee and decided against the department. After considering the submissions made by the assessee and the findings of the Assessing Officer in various assessment years, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a receipt is a trading receipt, the fact that it was not shown as such in the books does not prevent the taxability of such income. The ld. DR further submitted that on an identical issue, the decision of the ITAT in the assessee s own case in ITA No.851/Mds/2013 dated 4.10.2013, has not been accepted by the department and carried in further appeal u/s.260A. Accordingly, the ld. D.R. prayed that the order of the CIT(Appeals) may be set aside and that of the AO restored. 6. On the other hand, the ld. AR relied on the order of the Tribunal for the assessment years 2003-04 and 2006-07 wherein the Tribunal decided the issue in favour of the assessee in ITA Nos.1400 1401/Mds/13, as follows: 7. After considering the rival submissions a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the CIT(A), which is confirmed and the grounds of appeals of Revenue are dismissed. 7. We have heard both the parties and perused the material on record. The contention of the ld. AR is that the deferred income in this assessment year was carried forward and duly taken into account in the next assessment year and offered for taxation. Regarding this, the Bench put a question to the ld. AR to show how it was offered for taxation in respect of each assessment year. The ld. AR of the assessee was not able to point out the exact amount offered for taxation in subsequent assessment years. Being so, we feel it appropriate to remit the entire issue to the file of the AO to examine, whether the assessee has offered the deferred income of ea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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