ACIT, Meerut V. M/s. VAM Resorts & Hotels (P) Ltd., Meerut

ITA 4308/DEL/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6426 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 23-03-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 03-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIRUPAMA KOTRU
• Assessee Lawyers: CHANDER MEHRA
• Section: 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND MS SUCHITRA KAMBLE, JM ITA NO.4308/DEL/2015 ASSESSMENT YEAR : 2008-09 ACIT, CIRCLE-2, MEERUT. VS. VAM RESORTS & HOTELS (P) LTD., OPP. APEX COLLEGE, VEDVYASPURI, MEERUT. PAN: AABCV5979M (APPELLANT) (RESPONDENT) APPELLANT BY : MS NIRUPAMA KOTRU, CIT, DR RESPONDENT BY: SHRI CHANDER MEHRA, CA DATE OF HEARING : 23.03.2017 DATE OF PRONOUNCEMENT: 23.03.2017 ORDER PER SHRI R.S. SYAL, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 29.04.2015 IN RELATION TO THE ASSESSM ENT YEAR 2008-09. 2. THE ONLY ISSUE RAISED IN THIS APPEAL BY THE REVE NUE IS AGAINST THE DELETION OF ADDITION OF RS.7,16,62,142/-. ITA NO.4308/DEL/2015 2 3. SHORN OF UNNECESSARY DETAILS, IT IS OBSERVED THA T THE ASSESSMENT ORDER PASSED U/S 143(3) WAS REVISED BY THE LD. CIT U/S 263 OF THE ACT. PURSUANT TO SUCH ORDER, THE ASSESSING OFFICER PASSE D THE INSTANT ORDER MAKING AN ADDITION OF RS.7,16,62,142/-. THE LD.CIT (A) NOTICED THAT THE ORDER PASSED U/S 263 WAS SET ASIDE BY THE TRIBUNAL AND, AS SUCH, NO ADDITION CAN BE MADE. 4. IN VIEW OF THE FACT THAT THE VERY FOUNDATION OF THE SAID ADDITION OF DEVELOPMENT EXPENSES, BEING THE ORDER PASSED U/S 26 3 OF THE ACT DOES NOT SURVIVE ANY MORE, THERE CAN BE NO QUESTION OF MAKIN G ANY ADDITION FLOWING FROM SUCH ORDER. NO MATERIAL HAS BEEN PLAC ED ON RECORD TO DEMONSTRATE THAT THE TRIBUNAL ORDER SETTING ASIDE T HE REVISIONAL ORDER HAS BEEN MODIFIED OR REVERSED IN ANY MANNER BY THE HON' BLE HIGH COURT. 5. IN THE RESULT, THE APPEAL FILED BY THE REV ENUE IS DISMISSED. THE DECISION WAS PRONOUNCED IN THE OPEN COURT ON 2 3 RD MARCH, 2017. SD/- SD/- (SUCHITRA KAMBLE) (R. S. SYAL) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED:23 RD MARCH, 2017. ITA NO.4308/DEL/2015 3 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI