PJSC Stroytransagaz, New Delhi V. ACIT, New Delhi

ITA 3695/DEL/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 65757 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 08-11-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 16-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRISILLA SINGCIT
• Section: 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `F : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NOS.3694,3695,3696 & 3697/DEL./2012 (ASSESSMENT YEAR : 2007-08) PJSC STROYTRANSGAZ, VS. ACIT, CIRCLE 51(1), EP 15, DR. HOUSE P. RIZAL MARG, NEW DELHI. CHANAKYA PURI, NEW DELHI. (PAN/GIR NO.AAHCS2254E) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI DEEPAK CHOPRA, ADV. REVENUE BY : MS. PRISILLA SINGCIT, SR.DR ORDER PER BENCH : THESE FOUR APPEALS OF THE ASSESSEE ARE DIRECTED AGA INST THE ORDER PASSED BY CIT (A)-XXX, NEW DELHI, FOR ALL FOUR DIFFERENT QUARTERS OF FINANCIAL YEAR 2006-07 RELEVANT TO ASSESSMENT YEAR 2007-08 U/S 201(1)/201(1A) OF THE I .T. ACT, 1961. THESE APPEALS WERE HEARD TOGETHER AND INVOLVE IDENTICAL FACTS AS WELL AS SIMILAR ISSUE, THEREFORE, WE DISPOSE OF THESE APPEALS BY THIS SINGLE ORDER FOR THE SAKE OF CONVENIENCE. 2. AT THE VERY OUTSET, LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT ALL THE FOUR APPEALS FILED BY THE ASSESSEE HAVE BEEN DISPOSED OF BY THE CIT(A), WITHOUT CONSIDERING THE MAIN GROUND RAISED IN THESE APPEALS RELATABLE TO TIME LI MITATION BECAUSE AS PER JURISDICTIONAL HIGH COURT LATEST DECISION IN THE CASE OF CIT VS. N HK JAPAN BROADCASTING CORPORATION, REPORTED IN (2008) 305 ITR 137 DATED 23 RD APRIL, 2008, ORDER U/S 201(1) AND 201(1A) CAN ONLY BE PASSED WITHIN REASONABLE TIME NOT BEYOND 4 YEARS FROM THE END OF THE FINANCIAL YEAR AND 3 YEARS FROM THE END OF THE ASSESSMENT YEA R, WHEREAS THESE ORDERS HAVE BEEN PASSED ON 24.02.2012, WHICH PERIOD IS BEYOND THE TI ME LIMIT PRESCRIBED AS PER ITA NOS.3694,3695,3696 & 3697/DEL./12 (A.Y. : 2007-08) 2 JURISDICTIONAL HIGH COURT AND PLEA IN THIS REGARD W AS SPECIFICALLY TAKEN WHICH HAS NEITHER BEEN DISCUSSED, CONSIDERED OR ADJUDICATED UPON. TH EREFORE, ORDERS OF CIT(A) IN ALL THESE FOUR APPEALS ARE LIABLE TO BE SET ASIDE AND MATTER S NEED TO BE RESTORED BACK TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR RE-CONSIDERATION OF THE APPEALS AFRESH AND TO THIS MOVE OF THE LD.COUNSEL OF THE ASSESSEE, LD.DR DID NOT OBJEC T. 3. AFTER HEARING BOTH THE SIDES, CONSIDERING THE MA TERIAL ON RECORD AND PRECEDENT RELIED UPON, WE FIND THAT IN ALL THE FOUR APPEALS, ASSESSEE, BEFORE CIT(A) HAS TAKEN SPECIFIC GROUND WITH REGARD TO LIMITATION ISSUE WHI CH HAS NOT BEEN CONSIDERED OR DECIDED BY THE CIT(A). THEREFORE, KEEPING IN VIEW OF THE E NTIRETY OF FACTS, CIRCUMSTANCES AND MATERIAL ON RECORD, WE SET ASIDE THE ORDERS OF THE CIT(A) IN ALL THE FOUR APPEALS AND RESTORE THE MATTERS BACK ON HIS FILE WITH THE DIREC TION TO RE-DECIDE THE APPEALS AFRESH IN RELATION TO ALL THE GROUNDS RAISED AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE AS WELL AS TO ASSESSING OFFICER. WE HOLD AND DIRECT ACCORDINGLY. 4. AS A RESULT, ALL THE FOUR APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 08.11.2012. SD/- SD/- (T.S. KAPOOR) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : NOV. 08, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XXX, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT ITA NOS.3694,3695,3696 & 3697/DEL./12 (A.Y. : 2007-08) 3