M/s. Excel Infotech Ltd., New Delhi V. DCIT, New Delhi

ITA 928/DEL/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3159 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 16-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Section: 143(3); 153A; 14A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.928/DEL/2015 ASSESSMENT YEAR : 2007-08 EXCEL INFOTECH LTD., C/ M/S RRA TAX INDIA, D-28, SOUTH EXTENSION, PART-I, NEW DELHI. PAN: AAACE2098K VS. DCIT, CENTRAL CIRCLE-14, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SOMIL AGARWAL, ADVOCATE DEPARTMENT BY : MS ASHIMA NEB, SR. DR DATE OF HEARING : 26.02.2018 DATE OF PRONOUNCEMENT : 27.02.2018 ORDER PER R.S. SYAL, VP: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER PASSED BY THE CIT(A) ON 28.11.2014 IN RELATION TO THE ASSE SSMENT YEAR 2007-08. ITA NO.928/DEL/2015 2 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE GROUP, NAMELY, AMTEK GROUP OF CASES, WAS SUBJECTED TO A SE ARCH U/S 132 OF THE ACT. THE ASSESSEE WAS ALSO COVERED U/S 132(1) OF T HE ACT, BEING A GROUP COMPANY. THE ASSESSMENT WAS COMPLETED U/S 153A REA D WITH SECTION 143(3) OF THE ACT IN WHICH TOTAL INCOME WAS COMPUTE D AT RS.98,55,810/-, BEING, THE SAME AMOUNT OF INCOME ALREADY ASSESSED IN THE ASSESSMENT ORDER PASSED U/S 143(3) OF THE ACT. THE LD. CIT(A) UPHEL D THE DISALLOWANCE U/S 14A OF THE ACT. 3. WE HAVE BOTH THE SIDES AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE INCOME ORIGINALLY ASSESSED U/S 143(3), INCLUDING THE DISALLOWANCE U/S 14A OF THE ACT, HAS BEEN REPEATED IN THE INSTANT ASSESSMENT. EVEN THOUGH NO INCRIMINATING MATERIAL RELEVANT TO THE ASSESSMENT YEAR UNDER CONSIDERATION WAS FOUND, STIL L, THE ADDITION MADE IN THE ORIGINAL ASSESSMENT ORDER HAS TO BE NECESSARILY REPEATED. IT IS SO FOR THE REASON THAT FOR THE YEARS FOR WHICH NO INCRIMINATIN G MATERIAL IS FOUND AND THOSE ARE THE CASES OF COMPLETED ASSESSMENTS, THE I NCOME AS PER THE ORIGINAL ASSESSMENT ORDER STANDS INCORPORATED IN THE ASSESSM ENT ORDER U/S 153A OF THE ACT. AS THE IMPUGNED DISALLOWANCE U/S 14A WAS ALSO MADE IN THE ITA NO.928/DEL/2015 3 ORIGINAL ASSESSMENT COMPLETED U/S 143(3), WE SEE N O REASON TO INTERFERE WITH THE SAME. THE IMPUGNED ORDER IS, THEREFORE, UP HELD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 27.02.201 8. SD/- SD/- [SUCHITRA KAMBLE] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 27 TH FEBRUARY, 2018. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.