M/s. Bholasons Enterprises, New Delhi V. ACIT, New Delhi

ITA 1084/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6842 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 19-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 24-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SHAVETA NAKRA DATTA
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.1084/DEL/2015 ASSESSMENT YEAR : 2008-09 BHOLASONS ENTERPRISES, 53/57, RAMJAS ROAD, KAROL BAGH, NEW DELHI. PAN: AADFB8328H VS. ACIT, CIRCLE-33(1), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI R.S. SINGHVI, CA DEPARTMENT BY : MRS. SHAVETA NAKRA DATTA, SR. DR DATE OF HEARING : 21.07.2016 DATE OF PRONOUNCEMENT : 21.07.2016 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER PASSED BY THE CIT(A) ON 20.01.2015 IN RELATION TO T HE ASSESSMENT YEAR 2008-09. ITA NO.1084/DEL/2015 2 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST NOT ALLOWING DEDUCTION U/S 10B IN RESPECT OF INTEREST OF RS.30,0 2,961/- ASSESSED AS INCOME FROM OTHER SOURCES AGAINST THE CLAIM OF TH E ASSESSEE BEING, THE SAME FROM BUSINESS. 3. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE MATERIAL ON RECORD. IT IS OBSERVED THAT SIMILAR ISSUE CAME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE IMM EDIATELY PRECEDING ASSESSMENT YEAR, NAMELY, 2007-08. VIDE ORDER DATED 29.10.2010 IN ITA NO.2453/DEL/2010, THE TRIBUNAL FOR THE A.Y. 2007-08 ( SIC 2006-07) HAS REMITTED THE MATTER TO THE FILE OF AO FOR FRESH DEC ISION IN THE LIGHT OF CERTAIN DIRECTIONS GIVEN IN PARA 7 OF ITS ORDER. S INCE THE FACTS AND CIRCUMSTANCES OF THE INSTANT CASE ARE MUTATIS MUTANDIS SIMILAR TO THOSE OF THE IMMEDIATELY PRECEDING ASSESSMENT YEAR, RESPECTF ULLY FOLLOWING THE PRECEDENT, I SET ASIDE THE IMPUGNED ORDER AND SEND THE MATTER BACK TO THE FILE OF THE AO FOR A FRESH DECISION IN CONFORMITY W ITH THE DIRECTIONS GIVEN BY THE TRIBUNAL IN ITS EARLIER ORDER. ITA NO.1084/DEL/2015 3 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. THE ORDER PRONOUNCED IN THE OPEN COURT ON 21.07.201 6. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 21 ST JULY, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.