DCIT, New Delhi V. Sh. Ajit Kumar Bishnoi, New Delhi

ITA 3862/DEL/1989

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2752 (ITAT-DELHI)
• Duration Of Justice: 24 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: misc
• Appeal Filed On: 02-06-1989
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHIM SINGH

Judgement Text

IN THE INCOME TAX APPELLATE T RIBUNAL (DELHI BENCH F : NEW DELHI) BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA NO.3862 DEL/1989 (ASSESSMENT YEAR: 1986-87) DY. COMMISSIONER OF INCOME TAX VS. SH. AJIT KUMAR BISHNOI SPL. RANGE-12 PROP. COMPLETE EXPORTS NEW DELHI 38 COMMUNITY CENTRE, VASANT LOK, VASANT VIHAR NEW DELHI (APPELLANT) (RESPONDENT) ITA NO. 3865/DEL/1989 (ASSESSMENT YEAR: 1986-87) DY. COMMISSIONER OF INCOME TAX VS. SH. ANIL KUMAR BISHNOI SPL. RANGE-12 P/O M/S S.L.B EXPORTS NEW DELHI 38 COMMUNITY CENTRE, BASANT LOK, VASANT VIHAR NEW DELHI ASSESSEE BY : NONE REVENUE BY : SH. BHIM SINGH SR. D.R ORDER PER DIVA SINGH, JUDICIAL MEMBER: THE PRESENT ORDER IS BEING PASSED PURSUANT TO THE J UDGMENT AND ORDER OF THE HONBLE HIGH COURT OF DELHI DATED 12 TH OCTOBER 2007 IN THE CASE OF THE ABOVEMENTIONED TWO DIFFERENT ASSESSEE RESPONDENTS. THE HONBLE HIGH COURT DECIDING THE REFERENCE FOR THE ASSESSMENT YEAR 1979 -80 ARISING OUT OF THE ORDER ITA NOS.3862 & 3865/ DEL/1986 (A. Y 1986-87) 2 DATED 29 TH SEPTEMBER 1992 REVERSED THE ORDER OF THE TRIBUNAL BY CONSIDERING THE FOLLOWING QUESTION IN THE NEGATIVE.- WHETHER, ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE TRIBUNAL IS CORRECT IN LAW IN HOLDING THA T THE ASSESSEE WAS ENTITLED TO INVESTMENT ALLOWANCE U/S 3 2A OF THE I.T ACT? 2. THE REFERENCE ACCORDINGLY WAS DECIDED IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE 3. CONSEQUENTLY, THE FINDING OF THE TRIBUNAL IN IT S ORDER DATED 29 TH DECEMBER 1992 IS REVERSED AND THE RESULT WOULD BE AS UNDER. 4. IN THE RESULT THE APPEALS OF THE REVENUE ARE A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31/07/ 2013. SD/- SD/- (T. S. KAPOOR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 31 ST DAY OF JULY, 2013 R. NAHEED COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. CIT(ITAT), NEW DELHI. AR,ITAT NEW DELHI.