Zeco Aircon Ltd., New Delhi V. DCIT, New Delhi

CO 174/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6777 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 17-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAKHI VIMAL SENIOR
• Keywords: Tax effect
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU BEFORE SHRI G.S. PANNU, ,, , VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER CROSS OBJECTION CROSS OBJECTION CROSS OBJECTION CROSS OBJECTION NO. NO. NO. NO. 174/DEL/2017 174/DEL/2017 174/DEL/2017 174/DEL/2017 (IN ITA NO. (IN ITA NO. (IN ITA NO. (IN ITA NO.2080/DEL/2017) 2080/DEL/2017) 2080/DEL/2017) 2080/DEL/2017) ASSESSMEN ASSESSMEN ASSESSMEN ASSESSMEN T YEAR T YEAR T YEAR T YEAR : : : : 20 2020 20 07 0707 07 - -- - 08 0808 08 M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., 2 22 2 ND NDND ND FLOOR, DDA SHOPPING FLOOR, DDA SHOPPING FLOOR, DDA SHOPPING FLOOR, DDA SHOPPING COMPLEX, NEAR SINDHI SCHOOL, COMPLEX, NEAR SINDHI SCHOOL, COMPLEX, NEAR SINDHI SCHOOL, COMPLEX, NEAR SINDHI SCHOOL, NEW RAJINDER NAGAR, NEW RAJINDER NAGAR, NEW RAJINDER NAGAR, NEW RAJINDER NAGAR, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 060. 110 060. 110 060. 110 060. PAN : AAACZ0195N. PAN : AAACZ0195N. PAN : AAACZ0195N. PAN : AAACZ0195N. VS. VS. VS. VS. DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -27(2), 27(2), 27(2), 27(2), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDE NT) APPELLANT BY : SHRI SATISH AGARWAL, CA. RESPONDENT BY : MS. RAKHI VIMAL, SENIOR DR. DATE OF HEARING : 1 11 11.09 1.09 1.09 1.09.2020 .2020 .2020 .2020 DATE OF PRONOUNCEMENT : 1 11 11.09 1.09 1.09 1.09.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU PER G.S. PANNU, , , , VP VPVP VP : :: : THIS CROSS-OBJECTION BY THE ASSESSEE FOR THE ASSES SMENT YEAR 2007-08 IS DIRECTED AGAINST THE ORDER OF LEARNED CI T(A), NEW DELHI. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE DEPARTMENT I N ITA NO.2080/DEL/2017, AGAINST WHICH THE INSTANT CROSS-O BJECTION HAS BEEN FILED, HAS ALREADY BEEN DISMISSED BY THE TRIBUNAL V IDE ORDER DATED 28 TH AUGUST, 2019 ON ACCOUNT OF LOW TAX EFFECT AND, AS A RESULT, THE ASSESSEE DOES NOT WISH TO PRESS THE CROSS-OBJECTION . C.O. NO.174/DEL/2017 2 3. IN VIEW OF THE SUBMISSIONS MADE BEFORE US, AND I N VIEW OF THE FACT THAT THE APPEAL OF THE REVENUE HAS ALREADY BEE N DISMISSED BY THE TRIBUNAL BEING NOT FOUND MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT, THE CROSS-OBJECTION FILED BY THE ASSESSEE HAS BECOME IN FRUCTUOUS, AND, ACCORDINGLY, IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE CROSS-OBJECTION OF THE ASSESS EE IS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BOT H THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 11 TH SEPTEMBER, 2020 SD/- SD/- ( (( ( K. NARASIMHA CHARY K. NARASIMHA CHARY K. NARASIMHA CHARY K. NARASIMHA CHARY ) )) ) (G.S. PANNU (G.S. PANNU (G.S. PANNU (G.S. PANNU ) )) ) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., M/S ZECO AIRCON LTD., 2 22 2 ND NDND ND FLOOR, DDA SHOPPING COMPLEX, FLOOR, DDA SHOPPING COMPLEX, FLOOR, DDA SHOPPING COMPLEX, FLOOR, DDA SHOPPING COMPLEX, NEAR SINDHI SCHOOL, NEW RAJINDER NAGAR, NEAR SINDHI SCHOOL, NEW RAJINDER NAGAR, NEAR SINDHI SCHOOL, NEW RAJINDER NAGAR, NEAR SINDHI SCHOOL, NEW RAJINDER NAGAR, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 060. 110 060. 110 060. 110 060. 2. RESPONDENT : DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -27(2), NEW DELHI. 27(2), NEW DELHI. 27(2), NEW DELHI. 27(2), NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR