Ramesh Batta, Dehradun V. ACIT, Dehradun

ITA 4513/DEL/2013

• Counselvise Citation: 451320114 RSA 2013
• Duration Of Justice: 1 year(s) 6 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 06-01-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 30-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK WADEKAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F : NEW DELHI BEFORE SHRI S.V. MEHROTRA , ACCOUNTANT MEMBER AND SHRI H.S. SIDHU , JUDICIAL MEMBER ITA NO . 4513 /DEL/ 2013 ASSESSMENT YEAR : 2008 - 09 RAMESH BATTA , 81/210, KAULAGARH, RAJENDER NAGAR, DEHRADUN. ABGPB1527N VS. ACIT, CENT. CIRCLE, DEHRADUN. (APPELLANT) (RESPONDENT) APPELLANT BY: SH. SALIL KAPOOR, ADV. RESPONDENT BY: SH. VIVEK WADEKAR, CIT(DR) O R D E R PER S.V. ME HROTRA, A.M. THIS APPEAL FILED BY THE ASSESSEE IS D IRECTED AGAINST THE ORDER OF LD. CIT(A) , NEW DELHI DATED 27/01/2011 FOR A.Y. 2008 - 09 . 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS AN INDIVIDUAL DERIVING INCOME FROM HOUSE PROPERTY, INTEREST AND REMUNERATION FROM FIRMS, TRADING BUSINESS IN LANDS A ND CAPITAL GAINS. A SEARCH WAS CARRIED OUT IN THE PREMISES OF THE ASSESSEE ON 04.03.2009 AND THE ASSESSMENT WAS MADE AT A TOTAL INCOME OF RS. 5,66,81,810/ - U/S 153A(1)(B) READ WITH SUB - SECTION 143(3) . THE ASSESSEE PREFERRED APPEAL BEFORE LD. CIT(A) WHO D ISMISSED THE APPEAL IN VIEW OF THE ORDER PASSED BY LD. CIT(A), CENTRAL CIRCLE, KANPUR U/S ITA NO. 4513 /D/ 2013 2 263 DATED 15/03/2013. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE FILED BEFORE US A COPY OF TRIBUNAL S ORDER IN THE PROCEEDINGS U/S 263, WHEREIN THE TRIBUNA L QUASHED THE ORDER PASSED U/S 263 OBSERVING AS UNDER: 6.1 IN THE CASE ON HAND THE LD. CIT(A) HAS DELETED THE ADDITION OF 65% MADE FOR THE A.YS. 2005 - 06, 2006 - 07 AND 2007 - 08. THE APPEAL FOR THE A.Y. 2008 - 09 IS PENDING BEFORE THE LD. CIT(A). CONSISTENT WITH THE VIEW TAKEN IN THE CASE OF M/S R.B. ENTERPRISES (SUPRA) WE QUASH ALL THESE ORDERS PASSED U/S 263 OF THE ACT AND ALLOW THE APPEALS OF THE ASSESSEE. 3. SINCE THE TRIBUNAL HAS QUASHED THE 263 PROCEEDINGS, WE RESTORE THE MATTER TO THE FILE OF LD. CIT( A) TO DECIDE THE APPEAL ON MERITS. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. O RDER PRONOUNCED IN THE OPEN COURT ON 20/02/2015 SD/ - SD/ - ( H.S. SIDHU ) JUDICIAL MEMBER ( S.V. ME HROTRA ) ACCOUNTANT MEMBER DATE D: 20/02/2015 *KAVITA COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. TRUE COPY BY ORDER ASSISTANT REGISTRAR