ITO, Agra V. S. Upjeet Singh Kumar, Agra

ITA 6012/DEL/1989

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2757 (ITAT-DELHI)
• Duration Of Justice: 23 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: misc
• Appeal Filed On: 21-09-1989
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHIM SINGH
• Assessee Lawyers: UPJEET SINGH KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE T RIBUNAL (DELHI BENCH F : NEW DELHI) BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA NO.6012/DEL/ 1989 (ASSESSMENT YEAR: 1987-88) ASSESSING OFFICER VS. S. UPJEET SINGH KR. WARD 2 (4) AGRA AGRA (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI UPJEET SINGH KUMAR REVENUE BY : SH. BHIM SINGH SR. D.R ORDER PER DIVA SINGH, JUDICIAL MEMBER: THE PRESENT ORDER IS BEING PASSED PERSUANT TO THE J UDGMENT AND ORDER RENDERED BY THE HONBLE HIGH COURT OF ALLAHABAD DAT ED 23 RD MAY 2005. BEFORE THE HONBLE HIGH COURT THE ORDER DATED 27 TH SEPTEMBER 1993 PASSED BY THE I.T.A.T DISMISSING THE APPEAL OF THE REVENUE WAS CH ALLENGED ON THE FOLLOWING GROUND:- WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE THE APPELLATE TRIBUNAL WAS CORRECT IN LAW IN HOLDING TH AT THE ASSESSEE WAS ENTITLED TO DEDUCTION @ 50% ON THE INC ENTIVE BONUS RECEIVED FROM HIS EMPLOYER THE LIC? 2. THE HONBLE HIGH COURT WAS PLEASED TO ANSWER TH E QUESTION IN THE NEGATIVE I.E. IN FAVOUR OF THE REVENUE AND AGAINST THE ASSES SEE. CONSEQUENTLY, THE ORDER OF ITA NO.6012/DEL/1989 A. Y 1987-88 2 THE TRIBUNAL DATED 27 TH SEPTEMBER 1993 IS MODIFIED. THE RESULT OF THE APP EAL WOULD BE AS UNDER. 3. IN THE RESULT THE APPEAL OF THE REVENUE IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 31/07/ 2013 . SD/- SD/- (T. S. KAPOOR) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 31 ST DAY OF JULY, 2013 R. NAHEED COPY FORWARDED TO 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. CIT(ITAT), NEW DELHI. AR,ITAT NEW DELHI.