DCIT, New Delhi V. M/s C J International Hotels Ltd., New Delhi

ITA 4036/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3734 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 14-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MITHUN SHETH
• Assessee Lawyers: TARANDEEO SINGH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI B BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S MT BEENA A. PILLAI, JUDICIAL MEMBER ITA NO. 4036 / DEL/20 1 6 [A.Y 20 1 1 - 1 2 ] THE DY. C.I.T VS. C.J INTERNATIONAL HOTELS LTD. CIRCLE 6 ( 1 ) 8, HOTEL LE MERIDIAN NEW DELHI WINDSOR PLACE, JANPATH NEW DELHI PAN : AAACC 0174 E [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 4 . 0 2 .201 9 DATE OF PRONOUNCEMENT : 1 8 . 0 2 .201 9 REVENUE BY : SHRI MITHUN SHETH, SR. DR ASSESSEE BY : SHRI TARANDEEO SINGH, ADV O RDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 2 , NEW DELHI DATED 15 .0 3 .201 6 PERTAINING TO ASSESSMENT YEAR 201 1 - 1 2. 2 2. THE SOLITARY GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) WAS NOT JUSTIFIED IN DELETING THE ADDITION MADE BY THE ASSESSING OFFICER ON THE ISSUE OF INCOME FROM HOUSE PROPERTY AMOUNTING TO RS. 6.96 CRORES BY IGNORING THE FACT THAT THE A NNUAL L ETTING V ALUE OF THE PROPERTY KNOWN AS WEST TOWER WAS TAXABLE AS INCOME FROM HOUSE PROPERTY. 3. A PERUSAL OF THE ASSESSMENT ORDER SHOWS THAT THIS ISSUE IS NO MORE RES INTEGRA , AS THE HON'BLE HIGH COURT OF DELHI HAS DECIDED THIS ISSUE IN A.Y 2001 - 02 IN FAVOUR OF THE ASSESSEE COMPANY. HOWEVER, THE ASSESSING OFFICER OBSERVES THAT SI NCE THE REVENUE HAS NOT ACCEPTED THE FINDINGS OF THE HON'BLE HIGH COURT AND HAS APPEALED BEFORE THE HON'BLE SUPREME COURT AND THE SLP ADMITTED, THEREFORE, THE ISSUE HAS NOT ATTAINED FINALITY AND ACCORDINGLY, THE ASSESSING OFFICER MADE THE IMPUGNED ADDITION . 4. IN OUR CONSIDERED OPINION, SINCE THE OPERATION OF THE ORDER OF THE HON'BLE HIGH COURT OF DELHI HAS NOT BEEN SUSPENDED BY THE HON'BLE SUPREME COURT, THEREFORE, AT THE MOMENT WE HAVE TO FOLLOW THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT OF DE LHI. WE FIND THAT THE FIRST APPELLATE AUTHORITY HAS ALSO ALLOWED THE APPEAL OF THE ASSESSEE FOLLOWING THE ORDER OF THE HON'BLE HIGH COURT OF DELHI. WE, 3 THEREFORE , DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF THE CIT(A), 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO . 4036 /DEL/201 6 IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 8 . 0 2 .201 9 . SD/ - SD/ - [ BEENA PILLAI ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 8 T H FEBRUARY , 201 9 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER