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2023 Supreme(SC) 470

M. R. SHAH, B. V. NAGARATHNA
Commissioner of Income Tax 8 Mumbai – Appellant
Versus
Glowshine Builders & Developers Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Balbir Singh, A.S.G. Mr. Raj Bahadur Yadav, AOR Mr. Rupesh Kumar, Adv. Mr. Devasish Bharukha, Adv. Ms. Swarupma Chaturvedi, Adv.
For the Respondent(s): M/s. Gagrat And Co, AOR Mr. Ujjwal A. Rana, Adv. Mr. Himanshu Mehta, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.09.2017 passed by the High Court of Judicature at Bombay in Income Tax Appeal No. 1756 of 2014, by which, the High Court has dismissed the said appeal preferred by the Revenue, thereby confirming the order passed by the Income Tax Appellate Tribunal, “G” Bench, Mumbai (hereinafter referred to as the ITAT) by which the addition made by the Assessing Officer (AO) of Rs. 15,94,06,500/- was deleted, the Revenue has preferred the present appeal.

2. The dispute pertains to the Assessment Year (AY) 2009-10 i.e., Financial Year (FY) 2008-09. The assessee entered into an agreement dated 06.05.2008 with one M/s Kirit City Homes Pvt. Ltd. The development rights in a property at Vasai were sold for a total consideration of Rs. 15,94,06,500/-. It appears that as per paragraph 6 of the development agreement and as per the receipt of the deed, consideration of Rs. 15,94,06,500/- was agreed and received by the assessee. During assessment, it was noticed by the AO that the aforesaid was not disclosed while filing the return of income. The assessee did not enter the aforesaid income into his pro


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