DCIT, New Delhi V. M/s Nalwa Investment Limited., New Delhi

ITA 3842/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 8187 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 02-02-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 09-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BANITA DEV NAREON
• Keywords: Revision of order
• Section: 143(3); 263; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F: NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA, VICE PRESIDENT AND SHRI I.P. BANSAL, JUDICIAL MEMBER ITA NO.3842/DEL/2009 ASSESSMENT YEAR : 2003-04 DCIT, CIRCLE 13 (1), NEW DELHI. VS. M/S NALWA INVESTMENT LIMITED, 37, NAJAFGARH ROAD, NEW DELHI 110 030. PAN : AAACN0171G (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS BANITA DEV NAREON, SR. DR ORDER PER : I.P. BANSAL, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE. IT IS DIR ECTED AGAINST THE ORDER OF THE CIT (A) DATED 22.06.2009 FOR ASSESSMENT YEAR 20 03-04. GROUNDS OF APPEAL READ AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AS WELL AS IN LAW, THE LD. CIT (A) ERRED IN HOLDING TH AT THE ORDER PASSED BY THE AO FAILS. 2. THE APPELLANT CRAVES TO BE ALLOWED TO ADD ANY F RESH GROUNDS OF APPEAL AND/OR DELETE OR AMEND ANY OF THE GROUNDS OF APPEAL. 2. THE CIT (A) HAS ALLOWED THE APPEAL FILED BY THE ASSESSEE ON THE GROUND THAT THE IMPUGNED ASSESSMENT WAS PASSED BY THE AO U /S 143(3) READ WITH SECTION 263 I.E., IN PURSUANCE OF ORDER PASSED U/S 263 BY THE COMMISSIONER. IT IS ALSO MENTIONED IN THE ORDER OF CIT (A) THAT ITAT VIDE ITS ORDER DATED 26 TH MARCH, 2009 IN ITA NO.1640/DEL/2008 HAS QUASHED THE ORDER PASSED BY THE CIT ITA NO.3842/DEL/2009 2 U/S 263, THEREFORE, THE IMPUGNED ASSESSMENT DOES NO T SURVIVE AS IT HAS LOST ITS LEGS. THE REVENUE IS AGGRIEVED BY SUCH AN ORDER PA SSED BY THE CIT (A). 3. AFTER HEARING LD. DR, WE FOUND THAT THE ORDER OF THE CIT (A) IS IN ACCORDANCE WITH THE LAW. THE IMPUGNED ASSESSMENT O RDER HAS BEEN PASSED IN PURSUANCE OF ORDER PASSED BY COMMISSIONER U/S 263. THE ORDER U/S 263 HAS ALREADY BEEN QUASHED BY THE TRIBUNAL, THEREFORE, TH E IMPUGNED ASSESSMENT HAS NO LEGS TO STAND. IN THE CIRCUMSTANCES, WE FIND NO MERIT IN THE DEPARTMENTAL APPEAL AND THE SAME IS DISMISSED. 4. IN THE RESULT, THE APPEAL FILED BY THE DEPARTMEN T IS DISMISSED. . THE ORDER PRONOUNCED IN THE OPEN COURT ON 02.02.201 0. SD/- SD/- [G.E. VEERABHADRAPPA] [I.P. BANSAL] VICE PRESIDENT JUDICIAL MEMBER DATED, 02.02. 2010. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES