ACIT, New Delhi V. M/s. Essel Shyam Communication Ltd., New Delhi

ITA 456/DEL/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6517 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 30-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: YATENDRA SINGH SENIOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH B : NEW DELHI) BEFORE SHRI A.T. VARKEY, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.456/DEL./2012 (ASSESSMENT YEAR : 2006-07) ACIT, CENTRAL CIRCLE 2, VS. M/S. ESSEL SHYAM COMMU NICATION LTD., NEW DELHI. C 138, NARAINA INDUSTRIAL AREA, PHASE 1, NEW DELHI. (PAN : AAACE2299Q) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VED JAIN, ADVOCATE REVENUE BY : SHRI YATENDRA SINGH, SENIOR DR O R D E R PER A.T. VARKEY, JUDICIAL MEMBER : THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE CIT (APPEALS)-III, NEW DELHI DATED 14.11.2011 FOR THE A SSESSMENT YEAR 2006-07. 2. THE LD. AR, AT THE OUTSET, POINTED OUT THAT THE LD. CIT (A) FOLLOWED THE ORDER OF THE ITAT IN ASSESSEES CASE DECIDED FOR AY 2005- 06. THE LD. AR POINTED OUT THAT AGAINST THE ORDER OF THE TRIBUNAL FOR AY 2005- 06, BOTH THE REVENUE AND ASSESSEE PREFERRED CROSS-APPEALS BEFORE THE HONBLE DELHI HIGH COURT WHICH WAS ITA 130/2011 BY ASSESSEE AND ITA 279/2011 AND ITA 2 84/2011 BY THE REVENUE, WHICH WAS DECIDED BY THE HONBLE JURISDICTIONAL HIG H COURT VIDE ORDER DATED 17 TH MAY, 2012, WHEREIN THE ISSUES HAVE BEEN REMITTED BA CK TO THE TRIBUNAL FOR DECIDING ITA NO.456/DEL./2012 2 THE ISSUE AFRESH WITH CLEAR DIRECTION. THE LD. AR POINTED OUT THAT AFTER THE HONBLE HIGH COURTS ORDER DATED 17 TH MAY, 2012, FOR AY 2005-06, THE TRIBUNAL HEARD THE MATTER IN WHICH THE AUTHOR OF THIS ORDER WAS PARTY TO THE HEARING OF THE APPEAL. SO, BOTH THE PARTIES AGREE THAT THE MATTER NEEDS TO BE HEARD AFRESH ON THE ISSUES AS DIRECTED BY THE HONBLE HIGH COURT. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORD. WE FIND THAT THE MAIN ISSUES IN THE APPEAL OF THE DEPARTMENT ARE THA T THE CIT (A) HAS DECIDED BY FOLLOWING THE ORDER OF THE TRIBUNAL FOR AY 2005-06. SINCE THE ORDER OF THE TRIBUNAL FOR AY 2005-06 HAS BEEN REMITTED BACK TO THE FILE O F THE AO TO DECIDE THE ISSUES RAISED IN RESPECT OF CLAIM OF DEDUCTION U/S 80IA OF THE ACT, WE ARE INCLINED TO REMIT THE MATTER BACK TO THE FILE OF THE AO; AND THE HON BLE HIGH COURTS DIRECTION ON THE ISSUES RAISED BY THE REVENUE/ASSESSEE WILL BE COMPL IED BY THE AO WHILE DECIDING THE ISSUES RAISED BY THE REVENUE AND OUR OWN ORDER DATED 17.03.2016 IN ASSESSEES OWN CASE FOR AY 2005-06 NEEDS TO BE FOLLOWED, WHERE EVER APPLICABLE FOR DECIDING THE ISSUES RAISED BY THE DEPARTMENT BEFORE US. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS THUS DISPOSED OFF AS ABOVE FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 17 TH DAY OF MARCH, 2016. SD/- SD/- (PRASHANT MAHARISHI) (A.T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 17 TH DAY OF MARCH, 2016 TS ITA NO.456/DEL./2012 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-III, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.