ACIT, Circle-20(1), V. Ram Babu Gupta,

ITSSA 113/DEL/2003

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 0062 (ITAT-DELHI)
• Duration Of Justice: 10 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 18-02-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 17-02-2014
• Assessment Year: misc
• Appeal Filed On: 10-04-2003
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R JAIN GUPTA
• Assessee Lawyers: S B GARG

Judgement Text

IT(SS)NO .113/DEL/2003 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT ME MBER AND SHRI A. D. JAIN, JUDICIAL MEMBER I.T (SS) NO. 113 /DEL/2003 (ASSESSMENT YEAR:- 1989 TO 1999 ACIT CIRCLE (20)1, NEW DELHI (APPELLANT) VS RAM BABU GUPTA, 3370, KUCHA JALAL BUKHARI, DELHI GATE, DARYAGANJ DELHI (RESPONDENT) APPELLANT BY SMT. R. JAIN GUPTA, SR. DR RESPONDENT BY SH. S. B. GARG, ADV. ORDER PER R. S. SYAL, AM THIS APPEAL BY THE REVENUE HAS BEEN FILED AGAINST THE ORDER PASSED BY LD. CIT (A) DATED 21/1/2003 IN RELATION TO THE BLOCK PE RIOD 1/4/1989 TO 29/12/1999. 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT TH IS APPEAL WAS ORIGINALLY HEARD BY THE TRIBUNAL ALONG WITH THE CROSS-APPEALS FILED IN THE CASE OF M/S SURAT ELECTRIC INDUSTRIES (INDIA). A COMBINED ORDER DATED 7/11/20 08 WAS PASSED DEALING WITH THE APPEALS OF SURAT ELECTRIC INDUSTRIES(INDIA) AS WELL AS THE PRESENT APPEAL IN THE NAME OF RAM BABU GUPTA. THE DISCUSSION ABOUT THE PRESEN T APPEAL IS CONTAINED IN PARA 7 OF THE TRIBUNAL ORDER, A COPY OF WHICH IS AVAILAB LE ON RECORD. THE REVENUE HAD TAKEN SOLITARY GROUND AGAINST THE DELETION OF ADDIT ION OF RS.6,90,000/- IN RESPECT OF CASH FOUND IN THIS POSITION. THE TRIBUNAL WAS PLEA SED TO SET ASIDE THE ORDER PASSED BY THE LD. CIT(A) THEREBY RESTORING THE DISALLOWAN CE MADE BY THE ASSESSING OFFICER. THE OTHER ASSESSEE, NAMELY, M/S SURAT ELE CTRIC INDUSTRIES(INDIA) IT(SS)NO .113/DEL/2003 2 APPROACHED THE HONBLE HIGH COURT AGAINST THE COMBI NED TRIBUNAL ORDER DATED 7/11/2008. FROM A COPY OF THE JUDGMENT PASSED BY T HE DELHI HIGH COURT DATED 16/12/2009, WHICH IS AVAILABLE ON RECORD, IT CAN B E SEEN THAT THE ORDER PASSED BY THE TRIBUNAL IN THE CASE OF RAM BABU GUPTA WAS NEIT HER ASSAILED BY THE ASSESSEE NOR ADJUDICATED BY THE HONBLE HIGH COURT. FROM TH E CAPTION OF THE JUDGMENT DELIVERED BY THE HONBLE DELHI HIGH COURT, IT CAN B E SEEN THAT THE SAME HAS BEEN RENDERED ONLY IN THE CONTEXT OF M/S SURAT ELECTRIC INDUSTRIES (INDIA). IN VIEW OF THE FOREGOING DISCUSSION, IT BECOMES CLEAR THAT IN SO F AR AS THE APPEAL IN THE CASE OF RAM BABU GUPTA IS CONCERNED, THE TRIBUNAL ORDER HAS ATTAINED FINALITY. THUS, NO INTERFERENCE IS CALLED FOR. THIS APPEAL IS, THEREF ORE, DISMISSED AS INFRUCTUOUS. 3. IN THE RESULT THE APPEAL IS DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 18 TH FEBRUARY 2014. SD/- SD/- (A. D. JAIN) (R. S. SYAL) JUDICIAL MEMBER ACCO UNTANT MEMBER DATED: 18 /02/2014 *R. NAHEED* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI