M/s. Apporva Extrusion Pvt. Ltd., New Delhi V. DCIT, New Delhi

CO 304/DEL/2010

• Counselvise Citation: [2014] 123 COUNSELVISE.COM (IT) 0017 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 09-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-10-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 08-09-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A MISRA
• Assessee Lawyers: SURESH ANANTHARAMAN
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI GEORGE GEORGE K. , JM ITA NOS.3309 & 3310/DEL/2010 ASSESSMENT YEARS : 2003-04 & 2004-05 DCIT, CENT. CIRCLE-18, ARA CENTRE, E-2, JHANDEWALAN EXTENSION, NEW DELHI. VS. AP O ORVA EXTRUSION PVT. LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOSH ENCLAVE, GK-1, NEW DELHI. PAN : AAACA2120L ITA NO.3311/DEL/2010 ASSESSMENT YEAR : 2000-01 DCIT, CENT. CIRCLE-18, ARA CENTRE, E-2, JHANDEWALAN EXTENSION, NEW DELHI. VS. ANSHIKA INVESTMENT PVT. LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOSH ENCLAVE, GK-1, NEW DELHI. PAN : AAACB0113E CO NO S .30 4 & 305 /DEL/2010 (ITA NO.3309 & 3310/DEL/2010) ASSESSMENT YEARS : 2003-04 & 2004-05 AP O ORVA EXTRUSION PVT. LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOSH ENCLAVE, GK-1, NEW DELHI. PAN : AAACA2120L VS. DCIT, CENT. CIRCLE-18, ARA CENTRE, E-2, JHANDEWALAN EXTENSION, NEW DELHI. ITA NOS.3309 TO 3311/DEL/2010 CO NO.304 TO 306/DEL/2010 2 CO NO.306/DEL/2010 (ITA NO.3311/DEL/2010) ASSESSMENT YEAR : 2000-01 ANSHIKA INVESTMENT PVT. LTD., 305, 3 RD FLOOR, BHANOT CORNER, PAMPOSH ENCLAVE, GK-1, NEW DELHI. PAN : AAACB0113E DCIT, CENT. CIRCLE-18, ARA CENTRE, E-2, JHANDEWALAN EXTENSION, NEW DELHI. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI SURESH ANANTHARAMAN, CA DEPARTMENT BY : SHRI A. MISRA, CIT, DR ORDER PER BENCH: THESE THREE APPEALS BY THE REVENUE AND EQUAL NUMBE R OF CROSS OBJECTIONS BY TWO CONNECTED BUT DIFFERENT ASSESSEES ARISE OUT OF THE ORDERS PASSED BY THE CIT(A) FOR THE CAPTIONED ASSES SMENT YEARS. 2. THE REVENUE IN THESE APPEAL IS AGGRIEVED AGAINST THE QUASHING OF THE ASSESSMENTS MADE BY THE AO U/S 153C READ WI TH SECTION 153A ON THE GROUND THAT THE BOOKS OF ACCOUNT OR DOCUMENT S FROM THE PERSONS SEARCHED BELONGING TO THESE ASSESSES DID NO T PERTAIN TO THE ASSESSMENT YEARS UNDER CONSIDERATION. THE ASSESSES ARE AGGRIEVED ITA NOS.3309 TO 3311/DEL/2010 CO NO.304 TO 306/DEL/2010 3 AGAINST THE NON-DISPOSAL OF THE ISSUES RAISED BY TH E LD. CIT(A) ON MERITS AFTER HAVING QUASHED THE INITIATION OF ASSES SMENTS. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUS ED THE RELEVANT MATERIAL ON RECORD. BOTH THE SIDES ARE IN AGREEMENT THAT THE ISSUES INVOLVED IN THESE APPEALS AND THE CROSS OBJECTIONS ARE SIMILAR TO THOSE IN THE CASE OF APOORVA EXTRUSION PVT. LTD. FOR THE A.Y. 2002-03, WHICH APPEALS WERE EXTENSIVELY ARGUED BY BOTH THE SIDES. IT IS A COMMON SUBMISSION THAT THE FACTS AND CIRCUMSTANCES OF THE PRESENT APPEALS ARE MUTATIS MUTANDIS SIMILAR TO THOSE OF THE ABOVE REFERRED APPEALS FOR THE A.Y. 2002-03. IN FACT, NO SEPARATE ARGUMEN TS WERE MADE BY BOTH THE SIDES AND THE SUBMISSIONS ADVANCED FOR THE AFORENOTED APPEALS HAVE BEEN ADOPTED BY BOTH THE SIDES FOR THE PURPOSES OF THE INSTANT APPEALS. WE HAVE PASSED A SEPARATE ORDER IN ITA NO.3308/DEL/2010 AND CO NO.303/DEL/2010 IN THE CAS E OF ONE OF THE ASSESSES BEFORE US, I.E., APOORVA EXTRUSION PVT. LT D. FOR THE A.Y. 2002- 03. IN THIS ORDER, THE VIEW TAKEN BY THE LD. CIT(A) QUASHING THE INITIATION OF ASSESSMENT ORDER HAS BEEN SET ASIDE A ND FURTHER THE MATTER HAS BEEN RESTORED TO HIM FOR RENDERING DECIS ION ON OTHER GROUNDS RAISED BY THE ASSESSEE. THE FACTS IN THESE CASES BEING MUTATIS MUTANDIS SIMILAR TO THOSE IN ITA NO.3308/DEL/2010 & CO ITA NOS.3309 TO 3311/DEL/2010 CO NO.304 TO 306/DEL/2010 4 NO.303/DEL/2010 (SUPRA), WE DECIDE THE INSTANT APPE ALS AND CROSS OBJECTIONS ON THE SAME LINES AS THOSE OF ITA NO.330 8/DEL/2010 & CO NO.303/DEL/2010. 4. IN THE RESULT, THE APPEALS OF THE REVENUE ARE AL LOWED AND COS OF THE ASSESSES ARE ALLOWED FOR STATISTICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 09.10.201 4. SD/- SD/- [ GEORGE GEORGE K. ] [ R.S. SYAL ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 09 TH OCTOBER, 2014. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI. *