A & D Estates Pvt. Ltd., New Delhi V. ACIT, Central Circle- 2, New Delhi

CO 84/DEL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7737 (ITAT-DELHI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-01-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 29-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PARAMITA M BISWAS
• Assessee Lawyers: DR RAKESH GUPTA
• Section: 143(2); 147; 148

Judgement Text

C.O. NO.- 84/DEL/2019. A& D ESTATES PVT. LTD. PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: E, NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER C.O. NO.- 84/DEL/2019 ARISING FROM ITA NO:- 1729/DEL/2016 ( ASSESSMENT YEAR: 2012-13) A & D ESTATES PVT. LTD., NEW DELHI. PAN: AAFCA2604L VS. ACIT, CENTRAL CIRCLE-2, NEW DELHI. APPELLANT RESPONDENT ASSESSEE BY : DR. RAKESH GUPTA, ADV. AND SHRI SOMIL AGARWAL, ADV. REVENUE BY : MS. PARAMITA M. BISWAS, CIT(DR) ORDER PER ANADEE NATH MISSHRA, AM (A) THIS CROSS OBJECTION, FIELD BY THE ASSESSEE IN RES PECT OF THE IMPUGNED APPELLATE ORDER DATED 29.01.2016 OF LD. COMMISSIONER OF INCOM E TAX (APPEALS)-23, DELHI; CONTAINS THE FOLLOWING GROUNDS: 1. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANCES O F THE CASE, LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN NOT QUASHING THE I MPUGNED REASSESSMENT ORDER PASSED BY LD. AO U/S 148/143(3) AND THAT TOO WITHOUT ASSUMING JURISDICTION AS PER LAW AND WITHOUT COMPLYING WITH MANDATORY CONDITIONS U/S 147 TO 151 AS ENVISAGED UNDER THE INCOME TAX ACT, 1 961. 2. THAT IN ANY CASE AND IN ANY VIEW OF THE MATTER, ACTION OF LD. CIT(A) IN NOT C.O. NO.- 84/DEL/2019. A& D ESTATES PVT. LTD. PAGE 2 OF 3 QUASHING THE IMPUGNED REASSESSMENT ORDER PASSED BY LD. AO U/S 143(3)/148, IS BAD IN LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE AND NOT SUSTAINABLE ON VARIOUS LEGAL AND FACTU AL GROUNDS. 3. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANC ES OF THE CASE, LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING THE ACT ION OF LD. AO IN PASSING THE IMPUGNED REASSESSMENT ORDER AND THAT TOO WITHOU T ISSUING/SERVING THE STATUTORY AND MANDATORY NOTICE U/S 148 OF INCOME TA X ACT, 1961, WHICH IS BAD IN LAW AND AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. 4. THAT HAVING REGARD TO THE FACTS AND CIRCUMSTANC ES OF THE CASE, LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING THE ACT ION OF LD. AO IN PASSING THE IMPUGNED REASSESSMENT ORDER AND THAT TOO WITHOU T ISSUING/SERVING THE MANDATORY NOTICE U/S 143(2) OF INCOME TAX ACT, 1961 AN THUS LD. CIT(A) OUGHT TO HAVE QUASHED THE ASSESSMENT ORDER ON THIS GROUND ALONE. 5. THAT THE CROSS OBJECTOR CRAVES THE LEAVE TO ADD, AMEND, MODIFY, DELETE ANY OF THE GROUND(S) OF CROSS OBJECTION BEFORE OR AT TH E TIME OF HEARING. (B) AT THE TIME OF HEARING BEFORE US, THE LD. COUNSEL FOR ASSESSEE SUBMITTED THAT THE ASSESSEE WISHES TO WITHDRAW THIS CROSS OBJECTION ( C.O., FOR SHORT) AND REQUESTED FOR PERMISSION TO WITHDRAW THE C.O. A LETTER WAS ALSO FILED BY HIM TO THIS EFFECT. THE LEARNED COMMISSIONER OF INCOME TAX (DEPARTMENTAL RE PRESENTATIVE) [LD. CIT(DR), FOR SHORT] FOR REVENUE WAS AGREEABLE TO THIS REQUES T OF THE ASSESSEE, AND EXPRESSED NO OBJECTION TO ASSESSEES REQUEST TO WITHDRAW THE C.O . (B.1) IN VIEW OF THE FOREGOING, THIS C.O. IS DISMISSED BE ING WITHDRAWN BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 29/01/2020. SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 29/01/2020 POOJA/- C.O. NO.- 84/DEL/2019. A& D ESTATES PVT. LTD. PAGE 3 OF 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER