Assessee entered into a joint development agreement with a firm (YKH) and formed a joint venture firm (JV firm) exclusively for construction of a commercial complex. Assessee had received Rs.83 lakhs from YKH on account of out of court settlement of their dispute and offered same as income in their books of account. Assessing Officer added same to total income of assessee, as assessee could not produce necessary explanation / evidence in support of their claim that they have already offered Rs.83 lakhs in their books of account.CIT(A) deleted addition. On appeal the Tribunal held that  since statement of P&L account and schedule of revenue from other sources had showed that assessee had taken said sum as income of assessee, addition made by Assessing Officer would lead to double taxation in hands of assessee. Order of CIT(A) is affirmed.  (AY. 2012-13 &2016-17)