DCIT, Central Circle-14, Delhi V. Delhi Gurgaon Super Connectivity Pvt. Ltd., New Delhi

ITA 2081/DEL/2022

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A)-26, New Delhi, which was dated 29.06.2022 for the Assessment Year 2014-15. The core of the dispute originated from a revisionary order under section 263 of the Income Tax Act, issued by the PCIT-2, New Delhi on 29.03.2019, which led to an assessment order on 22.12.2019 concerning unexplained sundry creditors. The assessee, Delhi Gurgaon Super Connectivity Pvt. Ltd, contested this through an appeal that was successful at the CIT(A) level. Subsequently, the Revenue challenged this decision, which was the subject of the current appeal. However, the ITAT Delhi C Bench had previously quashed the revisionary order, leading to the dismissal of the Revenue's appeal as it became infructuous.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131163 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 23-04-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 29-08-2022
• Other Referred Cases: Delhi Gurgaon Super Connectivity Pvt. Ltd vs. DCIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263; 144

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE Shri C.M. Garg, Judicial Member AND Shri M. Balaganesh, Accountant Member ITA No. 2081/Del/2022 (Assessment Year: 2014-15) DCIT, Central Circle-14, Delhi Vs. Delhi Gurgaon Super Connectivity Pvt. Ltd, E-9, 3 rd Floor, Part-2, South Extn., New Delhi-110049 (Appellant) (Respondent) PAN: AABCJ9069R Assessee by : Sh. GS Grewal, CA Ms. Harsimran Grewal, CA Sh. Jaspal Singh Sahni, CA Revenue by: Sh. T. James Singson, CIT DR Date of Hearing 24/04/2023 Date of pronouncement 02/05/2023 O R D E R PER C. M. GARG, J. M.: 1. This appeal has been preferred by the assessee against the order of the CIT(A)-26, New Delhi, dated 29.06.2022 for AY 2014-15. 2. The ld CIT DR candidly agreed to the submission of the assessee’s representative (AR) that ld PCIT-2, New Delhi vide order dated 29.03.2019 u/s 263 of the Act revised the assessment for AY 2014-15. In pursuant thereto the AO passed assessment order on 22.12.2019 u/s 144 r.w.s 263 of the Act by making addition on account of unexplained sundry creditors and against said assessment order the assessee filed appeal which was allowed by the ld CIT(A) against the said first appellate order the revenue has filed this appeal in hand. 3. After submitting above factual details, the ld DR submitted copy of the order of ITAT Delhi C Bench order dated 10.10.2020 for AY 2014-15 ITA No. 2081/Del/2022 Delhi Gurgaon Super Connectivity Pvt. Ltd Page | 2 wherein, the Tribunal has quashed the said revisionary order of ld PCIT dated 29.03.2019 and thus, this appeal of Revenue have become infructuous. The ld CIT DR agreed that the after order of Tribunal quashing revisionary order dated 29.03.2019, the present appeal of revenue has became infructuous and thus, we dismiss the same as having became infructuous. 4. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 02/05/2023. -Sd/- -Sd/- (M. Balaganesh) (C. M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 02/05/2023 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi