ACIT, Central Circle-17, V. Mahindra Finance Pvt. Ltd.,

ITSSA 385/DEL/2004

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2208 (ITAT-DELHI)
• Duration Of Justice: 11 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 28-06-2016
• Assessment Year: misc
• Appeal Filed On: 11-11-2004
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Block assessment

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SH RI C.M. GARG , JUDICIAL MEMBER IT (SS) A NO. 385 /DEL/20 04 IT (SS) A NO. 386 /DEL/20 04 IT (SS) A NO. 387 /DEL/20 04 BLOCK ASSESSMENT 01.04.1991 TO 02.06.2000 ACIT, CENTRAL CIRCLE 17 VS. M/S MAHINDRA FINANCE P.LTD. E - 2, ARA CENTRE 49, SHERSTHA VIHAR JHANDEWALAN EXTN. DELHI NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANJAY KUMAR, CIT, D.R. RESPONDENT BY : NONE ORDER PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THESE THREE APPEALS ARE BEFORE US CONSEQUENT TO THE ORDER OF THE HON BLE DELHI HIGH COURT DT. 31.1.2011 IN ITA 1062/2008, 1123/2008 AND 981/2008. THE HON BLE HIGH COURT HAS REMITTED THE MATTER BACK TO THE TRIBUNAL FOR FRESH ADJUDICATION ON MERITS. THE FI NDING OF THE TRIBUNAL THAT A PROTECTIVE ASSESSMENT CANNOT BE FRAMED IN PROCEEDINGS U/S 158 BC/158 BD OF THE ACT HAS BEEN VACATED. AS THE LD.CIT(A) ALLOW ED THE APPEAL OF THE ASSESSEE , ON THE GROUND THAT SUBSTANTIVE ADDITIONS WERE MADE IN THE CASE OF SHRI PK SOOD . THIS ORDER WAS UPHELD BY THE ITAT. THEREAFTER, IN THE CASE OF SHRI P.K.SOOD THE ITAT IN IT(SS)A NO.44/DEL/2000, ORDER DATED 31.10.2007 DISMISSED THE APPEAL OF THE REVENUE FOR THE BLOCK PERIOD 1.4.1990 TO 25.5.2000. 2 2. THE ABOVE MATTER IS COMING UP BEFORE THE BENCH FROM MAY,2011. DESPITE REPEATED NOTICES BY R.P.A.D. AND ALSO ISSUAL OF NOTICE THROUGH THE DEPARTMENT, NONE HAS APPEARED BEFORE US. UNDER THESE CIRCUMSTANCES WE DISPOSE OF THE CASE EX PARTE QUA THE ASSESSEE ON MERITS. 3. HEARD SH. SANJAY KUMAR, THE LD. CIT, D.R. AS THE LD.CIT(A) IN THIS CASE HAS DELETED THE ADDITION ON THE SOLE GROUND THAT THE SAME ADDITIONS WERE MADE IN THE CASE OF SHRI P K SOOD ON SUBSTANTIVE BASIS . AS THE SUBSTANTIVE ADDITIONS SO MADE IN THE HANDS OF MR PK SOOD HAVE BEEN DELETED AND AS SUCH DELETION HAS BEEN UPHELD BY THE DELHI E BENCH OF THE TRIBUNAL IN ITA 44/DEL/05, IT(SS) 89/DEL/05 ORDER DT. 31 ST OCTOBER, 2007, WE DEEM IT FIT AND PROPER TO SET ASIDE THESE APPEALS TO THE FILE OF THE FI RST APPELLATE AUTHORITY FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 4. IN THE RESULT T HESE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH JULY, 2016 . SD/ - SD/ - ( C.M. GARG ) ( J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 20 TH JULY, 2016 *MA NGA 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR