Dy. CIT, New Delhi V. M/s. Banaras House Ltd., New Delhi

ITA 3567/DEL/2008

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9906 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-08-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 04-12-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K PANDEY
• Keywords: Set aside
• Section: 260A; 263

Judgement Text

ITANO. 3567/DEL/2008 A.Y. 2002-03 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI C.L. SETHI, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 3567/DEL/2008 A.Y. 2002-03 DY. CIT, CIR. 2(1) VS. M/S BANARAS HOUSE L TD., NEW DELHI 1/42, DDA LSC KALKAJI, NEW DELHI [APPELLANT] (RESPONDENT) APPELLANT BY : SH. AK PANDEY, CIT(DR) RESPONDENT BY : NONE ORDER PER SHAMIM YAHYA, AM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE COMMISSIONER OF INCOME (APPEALS-V), NEW DELHI DATED 8.9.2008 FOR THE ASSESSMENT YEAR 2002-03. 2. THE ISSUE RAISED IN THE GROUNDS OF APPEAL IS THA T THE DECISION OF THE LD. CIT(A) DELETING THE ADDITION MADE BY ASSESSING OFFICER VID E ORDER DATED 31.12.2007 UNDER SECTION 143(3)/263 OF THE IT ACT RELYING ON THE ORD ER OF THE ITAT IN ITA NO. 1805/D/07 DATED 8.8.2008, IS NOT ACCEPTABLE IN VIEW OF THE FA CT THAT THE DEPARTMENT INTENDS TO FILE AN APPEAL UNDER SECTION 260A AGAINST THE AFORESAID ORDER OF HONBLE ITAT WHEREBY THE REVISION ORDER UNDER SECTION 263 WAS QUASHED. HENC E THIS APPEAL TO KEEP THE MATTER ALIVE. ITANO. 3567/DEL/2008 A.Y. 2002-03 2 3. IN THIS CASE CONSEQUENT TO CITS ORDER UNDER SEC TION 263 OF THE ACT, AO HAD FRAMED THE ASSESSMENT ORDER. UPON THE ASSESSEES A PPEAL, THE LD. CIT(A) IN HIS IMPUGNED APPELLATE ORDER HAS FOUND THAT THE ITAT, D ELHI BENCH HAS SET ASIDE THE ORDER PASSED BY THE CIT UNDER SECTION 263 AND HENCE, THE VERY BASIS OF THE REVISED ASSESSMENT ORDER HAS EXTINGUISHED. AGAINST THIS ORDER, REVENU E IS IN APPEAL BEFORE US. 4. WE HAVE HEARD THE LD. DR. NONE APPEARED ON BEHA LF OF THE ASSESSEE. THE FACT THAT THE ORDER UNDER SECTION 263 HAS BEEN SET ASIDE BY THE ITAT IS NOT DISPUTED. HENCE, WE DO NOT FIND ANY MERIT IN THE APPEAL FILED BY THE REVENUE. ACCORDINGLY, WE UPHOLD THE ORDER OF THE CIT AND DECIDED THE ISSUE AGAINST THE REVENUE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH AUGUST, 2009. SD/- SD/- [C.L. SETHI] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 28 TH AUGUST, 2009 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES