DCIT, Meerut V. M/s. Girnar Textiles, Baghpat

ITA 4334/DEL/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6432 (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: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: SUNIL JAIN
• Keywords: Revision of order; Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 143(3); 92

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.4334/DEL/2015 ASSESSMENT YEAR : 2008-09 DCIT, CIRCLE-1, AAYAKAR BHAWAN, BHAINSALI GROUND, DELHI ROAD, MEERUT. VS. GIRNAR TEXTILES, PATHSHALA ROAD, KHEKRA, BAGHPAT. PAN: AAGFG6941A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJESH KUMAR, SR. DR RESPONDENT BY: SHRI SUNIL JAIN, FCA 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 23.04.2015 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.41,12,950/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF SUNDRY CREDITORS. ITA NO.4334/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.41,12,950/-. 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 ON ACCOUNT OF SUNDRY CREDITORS, BEING THE ORDER PASSED U/S 263 OF THE ACT DOES NOT SURVIVE ANY MORE, THERE CAN BE NO QUESTION OF MAKING ANY ADDITION FLOWING FROM SUCH ORDER. NO MATERIAL HAS BEEN PLACED ON RECORD TO DEMONSTRATE THAT THE TRIBUNAL ORDER SETTING ASID E THE 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.4334/DEL/2015 3 DK COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR DY. REGISTRAR, ITAT, NEW DELHI