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TMI Blog2016 (7) TMI 761X X X X Extracts X X X X X X X X Extracts X X X X ..... rders of the CIT (A) deleting the addition of Rs. 2.40 crore agreement that was claimed as expenditure, made by the Assessing Officer, being the amount of forfeited by the Seller for non-fulfillment of the purchase agreement ?" 3. The respondent-assessee is a dealer in immovable property. For the subject assessment year, the respondent had filed return of income declaring income of Rs. 1.49 crores. In its return, the respondent - assessee had claimed expenditure of Rs. 2.40 crore under the head compensation charges. On inquiry by the Assessing Officer, the respondent pointed out that he entered into an agreement to purchase property in Pune with one M/s. Emtech Solutions (P) Ltd. in terms of agreement of sale dated 12th January, 2009 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther, the vendor had also agreed that it had received Rs. 2.40 crores from the respondent. In the above view, the CIT (A) allowed the expenditure of Rs. 2.40 crores as claimed by the respondent-assessee while allowing his appeal. 5. Being aggrieved, the revenue carried the issue in appeal to the Tribunal. The Tribunal upheld the order dated 21st February, 2012 of the CIT (A) while recording the fact that before the amount was forfeited, the vendors had served notice on the assessee dated 23rd February, 2009 in which it is clearly stated that cheques amounting to Rs. 1 crore issued by him had been dishonoured by the bank. It also has warned the respondent of dire consequences for dishonour of the cheque. Taking into account the aforesaid f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /part payment. In respect of the manner in which the vendor has shown the receipt, we asked Mr. Pinto whether it has shown its receipt on capital account to avoid paying taxes. Mr. Pinto responded by stating he is not aware. In any case it is a settled position that nature of receipt in the hands of the payee will not determine the nature of payment i.e. capital or revenue in the hands of the payer. The respondent - assessee is dealer in immovable property and it is for a businessman to decide the manner in which he should conduct his business and take steps which are in the best interest of his business. A mere loss in a venture does not mean that the transaction is not genuine. Therefore, the revenue has not been able to show that the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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