Modern Papers , Delhi V. ITO, Ward- 34(1), New Delhi

CO 68/DEL/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4226 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 23-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S.S. NAGAR

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “E”: NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER CO No. 68/Del/2021 (In ITA No. 4426/Del/2018) (Assessment Year: 2014-15) ITO, Ward-34(1), New Delhi Vs. Modern Papers, A-88, Ashok Vihar, Phase-I, New Delhi PAN: AAQFM2960M (Appellant) (Respondent) Revenue by : Shri S. S. Nagar, CA Assessee by: Shri N. C. Swain, CIT DR Date of Hearing 23/05/2022 Date of pronouncement 23/05/2022 O R D E R PER ANUBHAV SHARMA, J. M.: 1. The present Cross Objection was filed in the appeal preferred by the revenue against the order of the ld CIT(A)-12, New Delhi for Assessment Year 2014-15. The Assessee has filed the cross objection raising additional ground of appeal that the Assessee wishes to claim education cess of provision of Income Tax debited in Profit and Loss Account. 2. During the course of hearing it transpired that there has been retrospective amendment w.e.f. 01.04.2005 in section 40(a)(ii) and sub-section 18 to section 155 of the Act, has been introduced, which makes surcharge and cess to be included in tax. 3. Therefore, on request of counsel for the Assessee, cross objection is dismissed as withdrawn. 4. Order pronounced in the open court on 23/05/2022. -Sd/- -Sd/- (G.S. PANNU) (ANUBHAV SHARMA) HON’BLE PRESIDENT JUDICIAL MEMBER Dated: 23/05/2022 A K Keot Page | 2 Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi