Divya Ansal, New Delhi V. ITO Ward- 31 (1), New Delhi

ITA 2675/DEL/2008

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 8346 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-06-2009
• Assessment Year: 2004-2005
• Appeal Filed On: 11-08-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRATIMA KAUSHIK
• Assessee Lawyers: RAVI TEERATH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA : VICE PRESIDENT; A ND SRI AKASH DEEP JAIN : JUDICIAL MEMBER ITA NO. 2675/DEL/08 ASSTT. YR: 2004-05 DIVYA ANSAL, VS. INCOME-TAX OFFICER, UGF-15, INDRAPRAKASH, WARD 31(2), NEW DELHI. 21, BARAKHAMBA ROAD, NEW DELHI. PAN/GIR NO. AAAPA3037F ( APPELLANT ) ( RESPONDENT ) APPELLANT BY : SHRI RAVI TEERATH CA RESPONDENT BY : MS. PRATIMA KAUSHIK SR. D R O R D E R PER G.E. VEERABHADRAPPA, V.P: THIS APPEAL, BY THE ASSESSEE, ARISES OUT OF THE ORD ER DATED 30-5-2008 OF THE CIT(A), NEW DELHI, FOR A.Y. 2004-05. 2. THE ONLY DISPUTE IN THIS APPEAL RELATES TO THE DISALLOWANCE OF INTEREST ON MONIES BORROWED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMI TTED THAT IDENTICAL ISSUE AROSE IN ASSESSEES OWN CASE FOR A.Y. 2001-02 . 2002-03 & 2003-04 AND THE MATTER HAS BEEN RESTORED BACK TO THE FILE O F THE AO BY THE TRIBUNAL. THE ORDERS OF THE TRIBUNAL ARE FORMING PART OF T HE PAPER BOOK FILED. 4. WE HAVE ALSO HEARD THE LEARNED DR AND GONE THROU GH THE RECORDS. SINCE THE ISSUE IN QUESTION IS THE SAME AND IS CLOS ELY LINKED UP WITH THE ISSUES RAISED FOR EARLIER YEARS AND IN EARLIER YEAR S THE MATTER HAS BEEN 2 RESTORED BACK TO THE FILE OF AO, THEREFORE, ADOPTIN G THE VERY SAME COURSE FOR THE ASSESSMENT YEAR IN QUESTION ALSO WE RESTORE TH E ISSUE TO THE FILE OF AO AND DIRECT HIM TO DECIDE THE SAME IN CONSONANCE WI TH HIS OWN ORDER WHICH HE MAY PASS IN RESPECT OF EARLIER ASSESSMENT YEARS, REFERRED TO ABOVE. WE ORDER ACCORDINGLY. 5. IN THE RESULT, ASSESSEES APPEAL STANDS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN OPEN COURT ON 3-6-2009. ( AKASH DEEP JAIN ) ( G.E. VEERABHADRA PPA ) JUDICIAL MEMBER VICE PRESIDENT DATED: 3-06-2009. MP COPY TO : 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR