ACIT, New Delhi V. M/s. Krishak Bharati Cooperative Ltd., New Delhi

ITA 1470/DEL/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3182 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 10-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHNA PAUL
• Section: 13; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SMT.DIVA SINGH, JUDICIAL MEMBER AND DR.B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO.1470/DEL/2017 ASSESSMENT YEAR : 2010-11 ACIT, CIRCLE-30(1), ROOM NO.1302, 13 TH FLOOR, E-2 BLOCK, SPM CIVIC CENTRE, J.L.NEHRU MARG, NEW DELHI-110002. VS. KRISHAK BHARATI COOPERATIVE LTD., A-60, KAILASH COLONY, NEW DELHI-110048. PAN-AAAAK0203G. (APPELLANT) (RESPONDENT) APPELLANT BY MS. ASHNA PAUL, CIT DR RESPONDENT BY SH.K.V.S.R.KRISHNA, CA & SH. AMAN GOEL, CA DATE OF HEARING 17.11.2020 DATE OF PRONOUNCEMENT 19.11.20 20 O R D E R PER DIVA SINGH, J.M. THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE WH EREIN THE CORRECTNESS OF THE ORDER DATED 28.12.2016 OF CIT(A) -10, NEW DELHI PERTAINING TO ASSESSMENT YEAR 2010-11 ON VARIOUS GR OUNDS. 2. HOWEVER, AT THE TIME OF HEARING, AN ADJOURNMENT APPLICATION WAS MOVED ON BEHALF OF THE CIT DR, MS. ASHNA PAUL REQUE STING FOR SOME TIME. MR. K.V.S.R. KRISHNA, CA APPEARING ON BEHALF OF THE ASSESSEE OPPOSED THE SAID REQUEST ON THE GROUND THAT THE APPEAL IS A COV ERED APPEAL. IT WAS HIS SUBMISSION THAT CIT(A) HAS ALLOWED THE APPEAL OF TH E ASSESSEE ON THE GROUND THAT THE BASIS OF THE PRESENT ORDER I.E. ORD ER U/S 263 OF THE ACT ITA NO.1470/DEL/2017 ASSESSMENT YEAR : 2010-11 DATED 02.11.2015 WAS QUASHED BY THE ITAT. THE CIT( A) TAKING COGNIZANCE OF THIS FACT, ALLOWED THE APPEAL AS THE ORDER U/S 1 43/263 DATED 17.12.2015 ITSELF HAD NO LEGS TO STAND ON. IT WAS ALSO HIS SU BMISSION THAT THE SAID ORDER OF THE ITAT HAD ALSO BEEN UPHELD BY THE HONBLE HIG H COURT. COPY OF THIS ORDER IS AVAILABLE AT PAGES 1 TO 26 OF THE PAPER BO OK. IT WAS ALSO HIS SUBMISSION THAT THE ITAT WAS SEIZED OF SIMILAR DEPA RTMENTAL APPEAL FOR 2011-12 ASSESSMENT YEAR AND WAS PLEASED TO DISMISS THE APPEAL VIDE ITS ORDER DATED 20.01.2020 IN ITA NO.1471/DEL/2017. CO PY AVAILABLE AT PAGES 27 TO 28 OF THE PAPER BOOK. ACCORDINGLY, IT WAS HI S SUBMISSION THAT THE MATTER IS A COVERED ISSUE IN ASSESSEES FAVOUR. 3. THE LD.CIT DR CONSIDERING THE SUBMISSION AND HIS RECORD, AGREED TO WITHDRAW THE REQUEST FOR ADJOURNMENT AND CONSIDERI NG THE DECISIONS STATED THAT IN THE FACE OF THE DECISION OF THE HONBLE HIG H COURT HAD NOTHING FURTHER TO STATE. 4. WE HAVE HEARD THE SUBMISSIONS OF BOTH THE PARTIE S AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN THE LIGHT OF THE DECISION OF THE HONBLE HIGH COURT (935 ITR 272) WHICH HAS UPHELD THE DECISION O F THE ITAT DATED 09.03.2016 IN ITA NOS. 6785 & 6786/DEL/2015, COGNIZ ANCE OF WHICH HAS BEEN TAKEN BY THE CIT(A) IN PARA 4.1.1 IN HIS ORDER , FIND NO INFIRMITY IN THE ORDER PASSED BY THE CIT(A). THE APPEAL OF THE REVE NUE IS ACCORDINGLY DISMISSED. ITA NO.1470/DEL/2017 ASSESSMENT YEAR : 2010-11 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SAID ORDER WAS PRONOUNCED AT THE TIME OF HEARING ITSELF. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH DAY OF NOVEMBER, 2020. SD/- SD/- (DR.B.R.R.KUMAR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 19.11.2020 * AMIT KUMAR*/VK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI