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Section 150 of Income-tax Act, 1961 - Income escaping assessment - In pursuance of an order on appeal etc. Where Assessing Officer made an addition on reconciliation of all receipts of incomplete contracts but Tribunal found that similar additions made by Assessing Officer were deleted for earlier assessment years and such order of Tribunal had not been challenged in appeal and same formula had been used for determination of work-in-progress for assessment years in question, deletion of addition for assessment year in question was justified [In favour of assessee] CIT. v. Shapoorji Pallonji & Co. Ltd. [2009] 318 ITR 417 (Bom.) The Assessing Officer made an addition on reconciliation of all the receipts of incomplete contracts but the Tribunal found that similar additions made by the Assessing Officer were deleted for earlier assessment years. Therefore, the Tribunal deleted the addition of Rs. 3,11,00,273 made by the Assessing Officer as enhancement of the value of closing work-in-progress. Held that a formula for determining value of work-in-progress was worked out for the assessment years 1971-72 and 1972-73 and was finally accepted. The same formula had been used for the assessment years and under this in question the assessee was entitled to the benefit of TDS which was effectively a part of the total receivable amount. The revenue could not place any material to show that the orders of the Tribunal for the assessment years 1996-97 to 1999-2000 were challenged. In the circumstances, no interference with the order of the Tribunal was called for. Vimal Gupta for the Appellant. Paras Kaka and A. K. Jasani for the Respondent. JUDGMENT 1 The questions of law as raised in this appeal are as follows : "(A) Whether on the facts and in the circumstances of the case and in law the hon'ble Tribunal was right in deleting the addition of Rs. 3,11,00,273 made by the Assessing Officer as enhancement of the value of closing work-in-progress even though the assessee had on one hand not included the said amount in its gross receipts relating to incomplete contracts but on the other hand claimed the benefit of TDS on the said amount in its return of income ? (B) Whether…

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