M/s. Airport Authority of India, New Delhi V. DCIT, New Delhi

CO 287/DEL/2012

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8516 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-04-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-04-2013
• Assessment Year: 1994-1995
• Appeal Filed On: 01-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHIM SINGH
• Section: 154

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 BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO. ITA NO. ITA NO. ITA NO.2854/DEL/2012 2854/DEL/2012 2854/DEL/2012 2854/DEL/2012 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 1994 1994 1994 1994- -- -95 9595 95 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -1(1), 1(1), 1(1), 1(1), NEW NEW NEW NEW DELHI. DELHI. DELHI. DELHI. VS. VS. VS. VS. M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, A AA A- -- -WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAACA6412D. PAN : AAACA6412D. PAN : AAACA6412D. PAN : AAACA6412D. (APPELLANT) (RESPONDENT) CROSS OBJECTION CROSS OBJECTION CROSS OBJECTION CROSS OBJECTION NO. NO. NO. NO.287/DEL/2012 287/DEL/2012 287/DEL/2012 287/DEL/2012 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 1994 1994 1994 1994- -- -95 9595 95 M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, A AA A- -- -WING, RAJIV GANDHI WING, RAJIV GANDHI WING, RAJIV GANDHI WING, RAJIV GANDHI BHAWAN, BHAWAN, BHAWAN, BHAWAN, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, SAFDARJUNG AIRPORT, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAACA6412D. PAN : AAACA6412D. PAN : AAACA6412D. PAN : AAACA6412D. 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- -- -1(1), 1(1), 1(1), 1(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI BHIM SINGH, SR.DR. ASSESSEE BY : SHRI VED JAIN, FCA AND SMT.RANO JAIN, CA. ORDER ORDER ORDER ORDER PER BENCH PER BENCH PER BENCH PER BENCH : : : : THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORD ER OF LEARNED CIT(A)-IV, NEW DELHI DATED 19 TH MARCH, 2012 FOR THE AY 1994-95. THE ASSESSEE HAS ALSO FILED ITS CROSS-OBJECTION. 2. THE FACTS OF THE CASE ARE THAT THE ASSESSING OFF ICER, BY ORDER PASSED UNDER SECTION 154 DATED 26 TH MARCH, 2010, AMENDED THE ASSESSMENT ORDER FOR AY 1994-95 WHEREBY HE MADE THE ADDITION OF ` 30,00,000/- IN RESPECT OF PRIOR PERIOD EXPENSES. T HE LEARNED CIT(A) SUSTAINED THE ADDITION BUT DELETED THE INTEREST CHA RGED UNDER SECTION 220(2). THE REVENUE IS IN APPEAL AGAINST THE DELET ION OF INTEREST ITA-2854/D/2012 & C.O.287/D/2012 2 CHARGED UNDER SECTION 220(2) WHILE THE ASSESSEE IS IN CROSS-OBJECTION IN WHICH THE ASSESSEE HAS CHALLENGED THE VALIDITY O F THE ORDER PASSED UNDER SECTION 154 ON THE GROUND THAT THE SAME IS BA RRED BY LIMITATION. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D PERUSED THE MATERIAL PLACED BEFORE US. WE FIND THAT THE ASSESS MENT ORDER FOR AY 1994-95 WAS PASSED ON 25 TH MARCH, 1997. THE ASSESSING OFFICER RECTIFIED THE ABOVE ORDER VIDE ORDER UNDER SECTION 154 DATED 26 TH MARCH, 2010. THAT AS PER SECTION 154(7), NO AMENDM ENT UNDER SECTION 154 SHALL BE MADE AFTER THE EXPIRY OF FOUR YEARS FROM THE END OF THE FINANCIAL YEAR IN WHICH THE ORDER SOUGHT TO BE AMENDED WAS PASSED. THAT THE ORDER SOUGHT TO BE AMENDED WAS PA SSED DURING THE FINANCIAL YEAR ENDED ON 31 ST MARCH, 1997. THUS, FOUR YEARS THEREFROM HAD EXPIRED ON 31 ST MARCH, 2001. THEREFORE, THE ORDER UNDER SECTION 154 DATED 26 TH MARCH, 2010, WHICH IS ALMOST AFTER THIRTEEN YEARS FROM THE DATE OF THE ASSESSMENT ORDER WHICH IS SOUGHT TO BE MODIFIED, IS CERTAINLY BARRED BY LIMITATION. WE, THEREFORE, QUA SH THE ORDER PASSED UNDER SECTION 154 BEING BARRED BY LIMITATION. ACCO RDINGLY, THE ASSESSEES CROSS-OBJECTION IS ALLOWED. 4. SINCE THE ORDER UNDER SECTION 154 ITSELF HAS BEE N QUASHED, THE DEPARTMENTS APPEAL WILL NOT SURVIVE. ACCORDINGLY, THE SAME IS REJECTED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED WHILE THE CROSS-OBJECTION OF THE ASSESSEE IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 5 TH APRIL, 2013. SD/- SD/- ( (( (CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG CHANDRA MOHAN GARG) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT DATED : 05.04.2013 VK. ITA-2854/D/2012 & C.O.287/D/2012 3 COPY FORWARDED TO: - 1. REVENUE : DEPUTY COMMISSIONER OF INCOME T DEPUTY COMMISSIONER OF INCOME T DEPUTY COMMISSIONER OF INCOME T DEPUTY COMMISSIONER OF INCOME TAX, AX, AX, AX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -1(1), NEW DELHI. 1(1), NEW DELHI. 1(1), NEW DELHI. 1(1), NEW DELHI. 2. ASSESSEE : M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, M/S AIRPORT AUTHORITY OF INDIA, A AA A- -- -WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, WING, RAJIV GANDHI BHAWAN, SAFDARJUNG AIRPORT, NEW DELHI. SAFDARJUNG AIRPORT, NEW DELHI. SAFDARJUNG AIRPORT, NEW DELHI. SAFDARJUNG AIRPORT, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR