ACIT, New Delhi V. Puneet Dalmia, New Delhi

ITA 4218/DEL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97712 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 15-09-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 20-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKRAM SAHAY
• Assessee Lawyers: R M MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, A.M. AND SMT. SUCHITRA KAMBLE, JM ITA N O. 4218 /DEL/201 1 ASSESSMENT YEAR : 200 6 - 07 ACIT, CIRCLE 31(1) VS. SH. PUNEET DALMIA ROOM NO. 185 A 4, SCINDIA HOUSE C.R.BLDG. IP ESTATE NEW DELHI NEW DELHI PAN: AGRPD 5590 K C.O.NO. 358 /DEL/201 1 (IN ITA NO. 4218 /DEL/201 1 ) AY: 200 6 - 07 SH. PUNEET DALMIA VS. ACIT, CIRCLE 31(1) NEW DELHI NEW DELHI (APPELLANT) (RESPONDENT) REVENUE BY: - SHRI VIKRAM SAHAY, SR.D.R. ASSESSEE BY: - SHRI RM MEHTA, ADV. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AND IS DIRECTED AGAINST THE ORDER OF THE LD.CIT(APPEALS) - XXVI, NEW DELHI DT. 8 TH JUNE, 2011 PERTAINING TO THE A SSESSMENT YEAR (AY) 2006 - 07 . THE CROSS OBJECTION IS FILED BY THE ASSESSEE. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT THE HON BLE INCOME TAX SETTLEMENT COMMISSION (HEREINAFTER REFERRED TO AS ITSC ) HAS, FOR THE VARIOUS ASSESSMENT YEARS, INCLUDING FOR THE A.Y. 2006 - 07, PASSED AN ORDER U/S 245D(4) OF THE I NCOME TAX ACT, 1961 (THE ACT ) ON 31.3.2015, THE A.O. ITA NO. 4218/DEL/2011 & CROSS OBJECTION NO.358/DEL/11(IN ITA 4218/DEL/11 ) SH. PUNEET DALMIA, A.Y. 2006 - 07 2 HAS GIVEN EFFECT TO THE ORDER OF THE ITSC, VIDE HIS ORDER DT. 21.8.2015. UNDER THE CIRCUMSTANCES, THE LD.COUNSEL FOR THE ASSESSEE SHRI RM MEHTA SUBMITTED THAT, THE DEPARTMENTAL APPEAL AS WELL AS THE CR OSS OBJECTION FILED BECOME INFRUCTUOUS. THE LD.D.R. SHRI VIKRAM SAHAI COULD NOT CONTROVERT THESE SUBMISSIONS. 3. IN VIEW OF THE ABOVE FACTS, WE DISMISS BOTH THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE AS INFRUCTUOUS . 4 . IN THE RESULT REVENUE S APPEAL AS WELL AS ASSESSEE S C.O. ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH OCTOBER , 2015 . SD/ - SD/ - ( SUCHITRA KAMBLE ) ( J. SUDHAKAR R EDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 29 TH OCTOBER , 2015 *MANGA ITA NO. 4218/DEL/2011 & CROSS OBJECTION NO.358/DEL/11(IN ITA 4218/DEL/11 ) SH. PUNEET DALMIA, A.Y. 2006 - 07 3 COPY OF THE ORDER FORWARDED TO: 1.APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR