CEC International Corporation (India) Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 4703/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 66021 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 11-12-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 27-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHUMANA SEN
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `B : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.4703/DEL./2011 (ASSESSMENT YEAR : 2007-08) CEC INTERNATIONAL CORP. (INDIA) P. LTD., VS. ACIT , CIRCLE 3(1), 211, POCKET-A/3, SECTOR 7, NEW DELHI. ROHINI, NEW DELHI-110085. (PAN/GIR NO.AACCC7394N) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V.P. GUPTA/AMAR MITTAL/ANUNAW KU MAR, ADV. REVENUE BY : MS. SHUMANA SEN, SR.DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED U/S 143(3) READ WITH SECTION 144C OF THE I.T. ACT, 1961 FOR THE ASS ESSMENT YEAR 2007-08, WHEREBY BESIDES CHALLENGING ADDITIONS ON ACCOUNT OF ARMS LENGTH PR ICE, DISALLOWANCE OF LOSS OVERSEEING ON PURCHASE AND DISALLOWANCE OF SUNDRY BALANCES WRI TTEN OFF, ASSESSEE HAS ALSO CHALLENGED DIRECTION OF THE DRP-I, NEW DELHI PASSED U/S 144C(5) OF THE ACT DATED 10.8.2011 HAVING BEEN PASSED WITHOUT DISCUSSING OR CONSIDERING VITAL ASPECT OF THE MATTER. 2. AT THE VERY OUTSET, LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT BESIDES UNWARRANTED ADDITIONS MADE BY THE ASSESSING OFFICER IN ORDER DATED 24.8.2011 WHILE FOLLOWING THE DIRECTION OF DRP-I, NEW DELHI, WHICH HAS BEEN PASSED WITHOUT DISCUSSING OR CONSIDERING VITAL ASPECT OF THE MATTER BY MEANS OF NON-SPEAKING ORDER. THEREFORE, IN THE INTEREST OF JUSTICE, IF ORDERS OF AUTHORITIES B ELOW ARE SET ASIDE AND MATTER IS RESTORED BACK ON THE FILE OF THE DRP-I, NEW DELHI, ASSESSEE WILL BE FULLY SATISFIED AND IT WOULD MEET THE ENDS OF JUSTICE ALSO AND TO THIS MOVE OF T HE LD.COUNSEL FOR THE ASSESSEE, LD.DR I.T.A. NO.4703/DEL./2011 (A.Y. : 2007-08) 2 SUBMITTED THAT THOUGH DETAILED ORDER HAS BEEN PASSE D BY THE ASSESSING OFFICER, IN THE LIGHT OF THE DIRECTION ISSUED BY THE DRP-I, NEW DEL HI, THEREFORE, IMPUGNED ORDER MAY BE SUSTAINED. HOWEVER, IF THIS BENCH DECIDES TO SET A SIDE THE IMPUGNED ORDERS AS WELL AS DIRECTION OF THE DRP-I, NEW DELHI AND RESTORE THE M ATTER BACK ON DRP-I, NEW DELHI, DEPARTMENT HAS NO SERIOUS OBJECTION. 3. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MAT ERIAL ON RECORD AND FIND THAT DRP-I, NEW DELHI WHILE PASSING THE DIRECTION DATED 10.8.2011 ALL ASPECTS OF THE MATTER HAVE NOT BEEN APPROPRIATELY CONSIDERED AND APPROPRI ATE REASONING AND DISCUSSION IS LACKING IN SUCH DIRECTION, PASSED BY THE DRP-I, NEW DELHI AND THE ASSESSING OFFICER HAS JUST FOLLOWED THE DIRECTION TO PASS THE ASSESSMENT ORDER FOR THE YEAR UNDER CONSIDERATION. THEREFORE, IN THE INTEREST OF JUSTICE AND TO HAVE F AIR PLAY IN THE MATTER, WE ARE OF THE VIEW THAT IT WOULD MEET THE ENDS OF JUSTICE, IN CASE ORD ER OF THE ASSESSING OFFICER AS WELL AS THE DIRECTION OF THE DRP-I, NEW DELHI IS SET ASIDE AND MATTER IS RESTORED BACK ON THE FILE OF THE DRP-I, NEW DELHI FOR RE-CONSIDERATION OF THE IS SUES AFRESH AFTER GIVING DUE OPPORTUNITY TO THE ASSESSEE BY PASSING A SPEAKING O RDER. WE HOLD AND DIRECT ACCORDINGLY. 4. AS A RESULT, THE APPEAL FILED BY THE ASSESSEE G ETS ACCEPTED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 11.12.2012. SD/- SD/- (T.S. KAPOOR) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : DEC . 11, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (CONCERNED). 4. DRP-I, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT I.T.A. NO.4703/DEL./2011 (A.Y. : 2007-08) 3