Padmavati Housing Corporation v. Dy. CIT (2023)101 ITR 62 (SN) (Ahd) (Trib)

S. 68 : Cash credits-On money received for sale of units in housing projects-Improbable to make profits upto 50%-Properties sold not high end-On money element added at 50% of booked price very high-Additions to be restricted to 15%.-Order to be not treated as precedent.[S. 153C]

Held that it was highly improbable in this line of business to make profits up to the extent of 50 per cent. or more of the turnover on sale of small sized properties. Therefore, making addition of the entire on-money received by the assessee was not justified. Directed the A.O.  to restrict the addition by estimating gross profit on the on-money receipts, at the higher of the rate in this line of business or as agreed to by the assessee before us at 15 per cent. Thereof. [The Tribunal clarified that this decision having been rendered in the peculiar facts and circumstances of the case was not to be treated as precedent in any other case. (AY. 2013-14, 2015-16, 2016-17)