Pradeep Khanna, New Delhi V. ACIT, New Delhi

ITA 2956/DEL/2015

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 4066 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 3
• Next Hearing Date: 26-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 13-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJESH MOHAN
• Section: 14A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 3 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 2956 /DEL/2014 AY: 20 10 - 11 SH. PRADEEP KHANNA VS. ACIT, CIRCLE 23(1) W 60, G.K. I NEW DELHI NEW DELHI 110 048 PAN: AAQPK 0771 J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJESH MOHAN, ADV. RESPONDENT BY : NONE . O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 13 , NEW DELHI DATED 21.04.2015 PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 20 10 - 11 . 2. NO PERSON IS PRESENT IN THE COURT ON BEHALF OF THE REVENUE. THE REVENUE HAS FILED AN APPLICATION FOR ADJOURNMENT OF ALL THE CASES WHICH ARE ON BOARD TODAY ON THE GROUND THAT SR.D.R. IS NOT AVAILABLE . I AM INFORMED THAT, FOR THE ENTIRE WEEK, THE DEPARTMENT WOULD BE SEEKING ADJOURNMENTS IN ALL THE CASES POSTED BEFORE THIS SMC BENCH ON THE SAME GROUND. UNDER THE CI RCUMSTANCES, AS THE BENCH CANNOT BE ALLOWED TO COLLAPSE, I REJECT SOME OF THESE APPLICATIONS FILED BY THE REVENUE FOR ADJOURNMENTS AND DISPOSE OF THE CASE EX PARTE QUA THE REVENUE ON MERITS. 2 2 . I FIND THAT THE ONLY ISSUE THAT ARISES IN THIS APPEAL IS DISAL LOWANCE MADE U/S 14 A OF THE INCOME TAX ACT, 1961 (THE ACT) READ WITH RULE 8 D . A SIMILAR ISSUE HAS COME BEFORE THE F BENCH OF THE TRIBUNAL IN THE ASSESSEE S OWN CASE FOR THE A.Y. 2009 - 10 IN ITA 1250/DEL/14. THE TRIBUNAL DELETED THE ADDITION BY APPLYING THE PRINCIPLES LAID DOWN BY THE HON BLE DELHI HIGH COURT IN THE CASE OF CIT VS. TAIKISHA ENGINEERING PVT. LTD. 370 ITR 338 (DEL.). RESPECTFULLY FOLLOWING THIS BINDING DECISION IN THE ASSESSEE S OWN CASE FOR THE IMMEDIATELY PRECEDING YEAR, I DELETE THE DISALLOWANCE OF RS.1,76,621/ - MADE U/S 14A OF THE ACT READ WITH RULE 8 D AND ALLOW THE APPEAL OF THE ASSESSEE. 4. IN THE RESULT THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH AUGUST, 2016. SD/ - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 11 TH AUGUST, 2016 MANGA 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR