IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : H : NEW DELHI BEFORE SHRI R.S. SYAL, AM AND SHRI JOGINDER SINGH, JM IT (SS) A NO.438/DEL/2005 BLOCK ASSESSMENT PERIOD : 01.04.1996 TO 13.02.2003 SHRI VIJAY BANSAL, 93, VIVEKANAND PURI, DELHI. PAN : AFBRB6720Q VS. DCIT, CIRCLE 33 (1), NEW DELHI. IT (SS) A NO. 22 /DEL/20 06 BLOCK ASSESSMENT PERIOD : 01.04.1996 TO 13.02.2003 DCIT, CIRCLE 33 (1), NEW DELHI SHRI VIJAY BANSAL, 93, VIVEKANAND PURI, DELHI. PAN : AFBRB6720Q ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI S.K. GUPTA, CA DEPARTMENT BY : S HRI R.S. MEENA, CIT, DR ORDER PER R.S. SYAL, AM: IN CONFORMITY WITH THE OPINION OF THE MAJORITY OF THE MEMBERS OF THE TRIBUNAL WHO HAVE HEARD THESE APPEAL S, FOR THE IT(SS)A NOS.438/DEL/2005 IT(SS)A NO.22/DEL/2006 2 REASONS CITED IN THEIR RESPECTIVE OPINIONS, WE ADJU DICATE THE POINTS OF DIFFERENCE AS UNDER:- I. THE ISSUE IN THE FIRST QUESTION REFERRED TO THE THI RD MEMBER IS DECIDED AGAINST THE ASSESSEE. II. THE ISSUE IN THE SECOND QUESTION REFERRED TO THE TH IRD MEMBER IS DECIDED AGAINST THE ASSESSEE. III. THE ISSUE IN THE THIRD QUESTION REFERRED TO THE THI RD MEMBER IS RESTORED TO THE AO FOR FRESH ADJUDICATION. IV. THE ISSUE IN THE FOURTH QUESTION IS DECIDED AGAINST THE ASSESSEE. 2. IN THE RESULT, BOTH THE APPEALS ARE PARTLY ALLOW ED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 31.07.201 4. SD/- SD/- [ JOGINDER SINGH ] [ R.S. SYAL ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 31 ST JULY, 2014. DK IT(SS)A NOS.438/DEL/2005 IT(SS)A NO.22/DEL/2006 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.