ITO, Ward-5, Panipat V. Rakesh Kumar, Panipat

ITA 3905/DEL/2019

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116408 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 29-01-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 02-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.3905/DEL/2019 Assessment Year: 2011-12 ITO Ward- 5 Panipat Vs Rakesh Kumar S/o Sh. Nafe Singh, 236, New Subzi Mandi, Panipat PAN No.AQFPK7414F (APPELLANT) (RESPONDENT) Appellant by Sh. Vivek Vardhan, SR DR Respondent by Sh. Somil Aggarwal, Advocate Date of hearing: 30/01/2023 Date of Pronouncement: 30/01/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the revenue is preferred against the order of the CIT(A), Karnal dated 22.02.2019 pertaining to A.Y.2011-12. 2. The solitary grievance of the revenue is that the CIT(A) erred in allowing the appeal of the assessee. 3. At the very outset the Counsel for the assessee stated that the impugned assessment order is pursuant to the order of the PCIT framed u/s. 263 of the Act. It is the say of the Counsel that the order of the PCIT has been set aside by the Tribunal in ITA 2 No. 6187/Del/2015 which has been followed by the CIT(A) while quashing the assessment order, therefore, there is no error in the findings of the CIT(A). 3. The DR fairly conceded to this. 4. We have carefully perused the orders of the authorities below. It is true that the assessment order dated 28.12.2016 is framed pursuant to the order of the PCIT framed u/s. 263 of the Act. We find that the order of the PCIT, Karnal has been set side by this Tribunal in ITA No.6187/Del/2015 dated 20.12.2018 since the order of the PCIT was quashed by the Tribunal the subsequent order by the AO has been quashed by the CIT(A) we, therefore, do not find any error to interfere with the findings of the CIT(A). 5. In the result, the appeal of the revenue is accordingly dismissed. 6. Decision announced in the open court on 30.01.2023. Sd/- Sd/- (ASTHA CHANDRA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:- .01.2023 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI