DCIT, New Delhi V. M/s. Insilco Ltd., New Delhi

ITA 1265/DEL/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 4023 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-05-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 11-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S GILL
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER & SHRI K.D. RANJAN, ACCOUNTANT MEMBER ITA NO. 1265/DEL/2011 ASSESSMENT YEAR: 2004-05 DCIT, VS. INSILCO LTD., CIRCLE 11(1), ROOM NO. 312, THAPAR HOUSE, C.R. BLDG., NEW DELHI. 3 RD FLOOR, CENTRAL WING, 124, JANPATH, NEW DELHI. AAAC11203N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI R.S. GILL, CIT(DR) RESPONDENT BY : SHRI BASANT KUMAR, ADV. ORDER PER I.P. BANSAL, J.M. THIS IS AN APPEAL FILED BY THE REVENUE. IT IS DI RECTED AGAINST THE ORDER PASSED BY LD. CIT(A) DATED 2.12.2010 FOR A.Y. 2004-05. GROUNDS OF APPEAL READ AS UNDER: - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS. 8, 33,74,270/- ON ACCOUNT OF CANCELLATION OF THE ORDER U/S 143(3)/263 OF THE I.T. ACT DATED 16.11.2009. 2. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEND A NY GROUND OF APPEAL RAISED ABOVE AT THE TIME OF HEARING. 2. AT THE TIME OF HEARING IT WAS POINTED OUT BY LD. AR THAT THE FIGURE MENTIONED IN THE GROUNDS OF APPEAL IS WRONG AND THE SAME IS A SUM OF RS. 1,48,51,364/- IN PLACE OF RS. 8,33,74,270/- MEN TIONED IN THE GROUNDS ITA NO. 1265/D/2011 2 OF APPEAL. LD. DR DID NOT OBJECT TO SUCH SUBMISSIO N. HENCE THE CORRECT FIGURE OF RS. 1,48,51,364/- SHOULD BE READ IN THE G ROUNDS OF APPEAL. 3. THE IMPUGNED ASSESSMENT ORDER IS AN ORDER DATED 16.11.2009 PASSED U/S 263 READ WITH SEC. 143(3) OF THE I.T. AC T. SUCH ORDER WAS PASSED BY THE AO TO GIVE EFFECT TO THE ORDER PASSED BY CIT, DELHI-IV DATED 27.3.2009 U/S 263 OF THE ACT. THE AMOUNT OF RS. 1,48,51,364/- WAS ADDED TO THE INCOME OF THE ASSESSEE IN ADDITION TO INCOME ALREADY ASSESSED OF RS. 6,85,02,905/- VIDE ORDER DATED 22.1 2.2006 PASSED U/S 143(3) OF THE ACT. 4. BEFORE CIT(A) IT WAS THE CONTENTION OF THE ASSES SEE THAT AFOREMENTIONED ORDER PASSED U/S 263 WAS QUASHED BY THE TRIBUNAL VIDE ORDER DATED 13.11.2009 IN ITA NO. 1903/DEL/2009. T HEREFORE, LD. CIT(A) HAS CANCELLED THE IMPUGNED ASSESSMENT ORDER. THE R EVENUE IS AGGRIEVED, HENCE IN APPEAL. 5. COPY OF THE AFOREMENTIONED ORDER OF THE TRIBUNAL DATED 13.11.2009 HAS BEEN PLACED BEFORE US AND A COPY WAS ALSO GIVEN TO LD. DR. LD. CIT(A) WHILE CANCELLING THE ASSESSMENT ORD ER HAS REPRODUCED RELEVANT PORTION OF THE ORDER OF THE TRIBUNAL VIDE WHICH THE SAID ORDER U/S 263 WAS SET ASIDE. 6. IN THIS FACTUAL BACKGROUND, AFTER HEARING BOTH T HE PARTIES, WE FIND NO SUBSTANCE IN DEPARTMENTAL APPEAL AS THE VERY BAS IS OF THE IMPUGNED ITA NO. 1265/D/2011 3 ASSESSMENT ORDER DOES NOT EXIST. THE IMPUGNED ASSE SSMENT ORDER HAS NO LEGS TO STAND. LD. CIT(A) HAS RIGHTLY CANCELLED THE ASSESSMENT ORDER. WE DECLINE TO INTERFERE. 7. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMIS SED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 11.05.201 1 SD/- SD/- (K.D. RANJAN) (I.P. BANSAL) ACCOUNTANT MEMBER JUDI CIAL MEMBER DATED: 11.5.11 *KAVITA CHOPRA COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR