M/s Bhudeva Estates (P) Ltd., New Delhi V. DCIT, New Delhi

ITA 1584/DEL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7599 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 26-05-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 28-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V R SONBHADRA
• Section: 153A

Judgement Text

ITA NO. 1584,1590/DEL/2016 BHUDEVA ESTATES P.L. & VINMAN ESTATES P.L. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-I, NEW DELHI BEFORE SH. N.K. SAINI, AM ITA NO. 1584/DEL/2016 ASSTT. YEAR 2005-06 BHUDEVA ESTATES (P) LTD. FLAT NO. 4, R.R.APARTMENTS 3-4, MANGLAPURI, MEHRAULI, NEW DELHI VS. DCIT CENT. CIRCLE-14 NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AACCB3437B ITA NO. 1590/DEL/2016 ASSTT. YEAR : 2006-07 VINMAN ESTATES (P) LTD. FLAT NO. 4, R.R.APARTMENTS 3-4, MANGLAPURI, MEHRAULI, NEW DELHI VS. DCIT CENT. CIRCLE-14 NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AACCG2074P APPELLANT BY : SH. GAUTAM JAIN, CA RESPONDENT BY : SH. V.R. SONBHADRA, SR. DR ITA NO. 1584,1590/DEL/2016 BHUDEVA ESTATES P.L. & VINMAN ESTATES P.L. DATE OF HEARING : 26.05.2016 DATE OF PRONOUNCEMENT : 26.5.2016 ORDER PER N.K.SAINI, AM : THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED AGA INST THE SEPARATE ORDERS OF THE CIT(A)-26, NEW DELHI DATED 1 8 TH JANUARY, 2016 AND 7 TH JANUARY, 2016 FOR THE ASSESSMENT YEAR 2005-06, 200 6-07 RESPECTIVELY. 2. DURING THE COURSE OF HEARING, LD. COUNSEL FOR THE ASSESSEE WAS FAIR ENOUGH TO CONCEDE THAT THESE APPEALS ARE ACADE MIC IN NATURE SINCE, THE LD. CIT(A) HAS DECIDED THE APPEALS IN FA VOUR OF THE ASSESSEE WHILE DECIDING THE LEGAL ISSUE THAT NO INCRIMINATIN G MATERIAL WAS FOUND. DURING THE COURSE OF SEARCH, THEREFORE, THE AO COULD NOT HAVE PROCEEDED TO FRAME THE ASSESSMENT U/S 153(A) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). HE FURTHER SUBMITTED THAT IN CASE THE DEPARTMENT FILES THE APPEAL AGAINS T THE ORDER OF THE LD. CIT(A) THEN LIBERTY IS TO BE GIVEN TO THE ASSES SEE TO MOVE AN APPLICATION FOR RECALLING THE ORDER OF THE ITAT FOR DISMISSAL OF THE ASSESSEES APPEALS. IN HIS RIVAL SUBMISSIONS, THE L D. DR SUBMITTED THAT THE APPEALS BY THE ASSESSES DESERVE TO BE DISMISSED SINCE THESE ARE ITA NO. 1584,1590/DEL/2016 BHUDEVA ESTATES P.L. & VINMAN ESTATES P.L. ACADEMIC IN NATURE AS THE LEGAL ISSUE RAISED BY THE HAS BEEN DECIDED BY THE LD. CIT(A) IN ASSESSEES FAVOUR. 3. I HAVE CONSIDERED THE SUBMISSIONS OF BOTH TH E PARTIES AND CAREFULLY GONE THROUGH THE MATERIAL AVAILABLE ON RE CORD. IN THE PRESENT CASE, IT IS NOTICED THAT THE LD. CIT(A) WHI LE DECIDING THE APPEALS OF THE ASSESSES ALLOWED THE LEGAL GROUNDS R AISED BY THE ASSESSES BY OBSERVING IN PARA 13 OF EACH OF THE IMP UGNED ORDERS AS UNDER : 13. IN VIEW OF ABOVE ANALYSIS OF LEGAL VIEW ON TH E ISSUE, THE AO COULDNT HAVE PROCEEDED TO FRAME ASSESSMENT U/S 153A IN RESP ECT OF YEAR UNDER CONSIDERATION AS NO INCRIMINATING DOCUMENTS/ ASSETS HAVE BEEN FOUND DURING SEARCH OPERATION PERTAINING TO THIS YEAR. THIS GROU ND OF APPEAL, IS THEREFORE, ALLOWED. 4. IN VIEW OF THE ABOVE OBSERVATIONS OF THE LD. CIT(A) THE ISSUES RAISED BY THE ASSESSEE ON MERIT ARE ACADEMIC IN NAT URE. I, THEREFORE, DISMISS THE APPEALS OF THE ASSESSEE WITH A RIDER TH AT IN CASE THE DEPARTMENT CHALLENGES THE ORDERS OF THE LD. CIT(A) THAN THE ASSESSEE WILL BE FREE TO MOVE AN APPLICATION FOR RECALLING T HIS ORDER. ITA NO. 1584,1590/DEL/2016 BHUDEVA ESTATES P.L. & VINMAN ESTATES P.L. 5. IN THE RESULT APPEALS OF THE ASSESSEE ARE D ISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 26/05/2016) SD/- (N.K.SAINI) ACCOUNTANT MEMBER DATED : 26/05/2016 *B.RUKHAIYAR* COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR