M/s. THDC India Ltd., Uttrakhand V. ACIT, Haridwar

ITA 1559/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2952 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 18-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: B

Judgement Text

ITA NO. 1559/DEL/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: H NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDEN T & SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO.-1559/DEL/2015 ( ASSESSMENT YEAR: 2010-11) THDC INDIA LTD. PRAGATIPURAM, BYE PASS ROAD, RISHIKESH, UTTRAKHAND. AAACT7905Q VS ACIT CIRCLE HARIDWAR HARIDWAR ASSESSEE BY SH. B. PANDA, SR. ADV. REVENUE BY SH. RAVI KANT GUPTA, SR. DR ORDER PER K. NARSIMHA CHARY, J.M. ASSESSEE PREFERRED THIS APPEAL CHALLENGING THE ORDE R DATED 18.12.2014 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-DEHRADUN (FOR SHORT CALLED AS THE LD. CI T(A)), WHILE SUSTAINING THE ADDITIONS MADE BY THE AO WHILE DENYI NG THE DEDUCTIONS U/S 801A OF THE INCOME TAX ACT, 1961 (FO R SHORT CALLED AS THE ACT), IE., IN RESPECT OF THE INTEREST FROM EMPLOYEES/OTHER INTEREST INCOME, MACHINE HIRE CHARGES, RENT RECEIPT S AND SUNDRY RECEIPTS. 2. AT THE OUTSET, LD. AR HAS FAIRLY BROUGHT TO OUR NOTICE THAT IN ASSESSEES OWN CASE IN RESPECT OF ASSESSMENT YEARS 2008-09 & 2009-10 A COORDINATE BENCH OF THIS TRIBUNAL DEALT W ITH THE SIMILAR DATE OF HEARING 26 .12 .2017 DATE OF PRONOUNCEMENT 2 6 .12.2017 ITA NO. 1559/DEL/2015 2 QUESTIONS INVOLVED IN THIS APPEAL UNDER SIMILAR SET OFFFACTS, VIDE ITA NOS. 3956 & 6457/DEL/2012 AND BY ORDER DATED 03 .03.2015 NEGATIVED THE CONTENTIONS OF THE ASSESSEE IN RESPEC T OF THESE FOUR ITEMS OF ADDITIONS. LD. DR ALSO SUBMITS THAT THE F ACTS, AND THE ISSUES INVOLVED IN THIS APPEAL ARE VERY SIMILAR TO THE FACTS AND ISSUES INVOLVED IN ITA NOS. 3956 & 6457/DEL/2012 AN D THE CASE OF THE ASSESSEE IS SQUARELY COVERED BY THIS ORDER. 3. WE HAVE GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW AND ALSO THE COMMON ORDER DATED 03.03.2015 IN ITA N OS. 3956 & 6457/DEL/2012. IN VIEW OF THE SUBMISSION OF EITHER SIDE THAT THE FACTS AND THE ISSUES INVOLVED FOR ALL THE ASSESSMEN T YEARS 2008-09 TO 2010-11 ARE SIMILAR, WE FIND THAT THE FINDINGS O F THIS TRIBUNAL IN ASSESSEES OWN CASE FOR THE AY 2008-09 AND 2009- 10 ARE SQUARELY APPLICABLE TO THESE ASSESSMENT YEARS ALSO AND WHILE RESPECTFULLY FOLLOWING THE SAME, WE DO NOT FIND ANY MERITS IN THIS APPEAL. THE GROUNDS OF APPEAL ARE, THEREFORE, DISM ISSED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.12.2017 SD/- SD/- (G.D. AGRAWAL) (K. NARSIM HA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 26.12.2017 *KAVITA ARORA ITA NO. 1559/DEL/2015 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 26.12.2017 DRAFT PLACED BEFORE AUTHOR 26.12.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 26.12.17 KEPT FOR PRONOUNCEMENT ON 26.12.17 FILE SENT TO THE BENCH CLERK 27.12.17 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.