ITO, New Delhi V. SBEC Bioenergy Ltd., New Delhi

ITA 1583/DEL/2013

• Counselvise Citation: 158320114 RSA 2013
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 27-02-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SRINIWAS KUMAR
• Assessee Lawyers: P S KASHYAP

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SHRI A. D. JAIN, JUDICIAL MEMBER ITA NO. 1583/DEL/2013 (ASSESSMENT YEAR: 2009 -10) INCOME TAX OFFICER, WARD 7(1), NEW DELHI VS M/S SBEC BIOENERGY LTD., 1400, KEMKUNT TOWERS, 98, NEHRU PLACE, NEW DELHI-110019 (APPELLANT) (RESPONDENT) PAN NO. AADCS9993C ASSESSEE BY: SHRI P. S. KASHYAP REVENUE BY: SHRI B. SRINIWAS KUMAR DATE OF HEARING 27.2.2014 DATE OF PRONOUNCEMENT 28.2.2014 ORDER PER R. S. SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 9.1.2013 IN RELATION TO THE ASSESSMENT YE AR 2009-10. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION OF RS. 6,97,63,106/- MADE BY THE A.O ON AC COUNT OF SALE VALUE OF EXHAUST STEAM SUPPLIED TO SSL. 3. BRIEFLY STATED THE FACTS OF THE CASE ARE TH AT THE ASSESSING OFFICER MADE THIS ADDITION BY RELYING ON THE VIEW TAKEN BY HIM IN EARLIER YEARS. THE LD. CIT(A), TOO , FOLLOWED HIS VIEW TAKEN IN TH E EARLIER YEARS FOR DELETING THE SAID ADDITION. IT IS NOTICED THAT THE APPEAL FILED BY THE REVENUE FOR THE ASSESSMENT YEAR 2007-08 CAME UP FOR CONSIDERATION BEFORE THE TRIBUNAL IN ITA NO. 3440/DEL/2011. VIDE ORDER DATED ITA NO. 1583/DEL/2013 SBEC BIOENERGY LTD. 2 7.3.2012, THE TRIBUNAL HAS UPHELD THE DECISION OF T HE CIT(A) IN DELETING THIS ADDITION. A COPY OF THIS ORDER IS AVA ILABLE ON RECORD. THE LD. DR WAS FAIR ENOUGH TO CONCEDE THAT THE FACTS AN D CIRCUMSTANCES OF THE PRESENT APPEAL ARE MUTATIS MUTANDIS SIMILAR TO THOSE OF THE PRECEDING YEAR. RESPECTFULLY FOLLOWING THE PRECEDEN T, WE UPHOLD THE IMPUGNED ORDER IN DELETING THIS ADDITION. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/02/2014. SD/- SD/- (A. D. JAIN) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28/02/2014 *SUBODH* COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(APPEALS) 5.DR: ITAT ASSISTANT REGISTRAR