M/s. Sir Shadilal Enterprises Ltd., New Delhi V. DCIT, New Delhi

MA 316/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8194 (ITAT-DELHI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 15-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Section: 69C

Judgement Text

1 M.A NO. 315,316/DEL/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY NEW DELHI SH. R. K. PANDA, ACC OUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER M.A NO. 315 & 316 /DEL/2019 IN (ITA NO. 5727 & 5728/DEL/2014 ( A.Y 2004-05 & 2005-06) M/S. SIR SHADILAL ENTERPRISES LTD. 4A, HANSALAYA, 15, BARAKHAMBA ROAD, NEW DELHI PAN : AAECS3636D (APPLICANT) VS DCIT CIRCLE-8 (1), NEW DELHI (RESPONDENT) APPLICANT BY SH. G.N.GUPTA, ADV. RESPONDENT BY MS. ASHIMA NEB, SR. DR ORDER PER SUCHITRA KAMBLE, JM THE ASSESSEE HAS FILED THESE TWO MISCELLANEOUS APPL ICATIONS IN RESPECT OF ORDER DATED 30/05/2018 IN ALL THE ABOVE ASSESSMENT YEARS. 2. THE LD. AR SUBMITTED THAT AS REGARDS TO PARA NO. 4 OF THE SAID ORDER DATED 30.05.2018 WHICH READS AS UNDER: 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE P ARTIES, WE ARE OF THE VIEW THAT THESE APPEALS PREFERRED CONSIDERING THE SUBMIS SIONS OF BOTH THE PARTIES, WE ARE OF THE VIEW THAT THESE APPEALS PREFERRED BY THE ASSESSEE ARE NOT MAINTAINABLE SINCE THE ASSESSMENT ORDERS WHICH IS T HE BASIS FOR THE IMPUGNED ORDERS WERE ABATED. THEREFORE, THESE APPEA LS ARE DISMISSED AS DATE OF HEARING 12.07.2019 DATE OF PRONOUNCEMENT 15.07.2019 2 M.A NO. 315,316/DEL/2019 INFRUCTUOUS SUBJECT TO THE RIDER THAT IF THE ISSUES IN APPEALS ARE PENDING AGAINST THE INCOME ASSESSED U/S 153C OF THE ACT ARE DECIDED AGAINST THE DEPARTMENT THEN THESE APPEALS WILL BE REVIVED. SUBJ ECT TO ABOVE SAID RIDER, THESE APPEALS ARE DISMISSED. MEANWHILE, ITA NO. 2678/DEL/2011 IN THE CASE OF SIR SHADI LAL ENTERPRISES LIMITED FOR ASSESSMENT YEAR 2004-05 (WHICH WAS REMA NDED BACK BY HONBLE DELHI HIGH COURT TO ITAT) HAS BEEN DISPOSED OFF BY ITAT VIDE CONSOLIDATED ORDER DATED 14.12.2018. THE TRIBUNAL IN THE AFORESA ID ORDER ONCE AGAIN ANNULLED THE ASSESSMENT ORDER FOR A.Y. 2004-05 FRAM ED U/S 153C OF THE INCOME TAX ACT, 1961. ACCORDINGLY, THE LD. AR SUBMI TTED THAT THESE TWO APPEALS STANDS REVIVED AS PER PARA 4 OF THE ORDER D ATED 30.05.2018. THE LD. AR SUBMITTED THAT THE ONLY ISSUE INVOLVED IN THIS APPE AL IS REGARDING THE CORRECTNESS OF AN ADDITION OF RS. 3,33,13,300/- MAD E BY THE ASSESSING OFFICER U/S 69C OF THE ACT WHICH HAS BEEN UPHELD BY THE CIT (A). THIS ISSUE HAS ALREADY BEEN DECIDED IN FAVOUR OF THE ASSESSEE ON MERITS IN THEIR CONSOLIDATED ORDER DATED 14.12.2018. THEREFORE, THE LD. AR PRAYED THAT THE PRESENT TWO APPEALS BE REVIVED AND THE APPEALS MAY BE FIXED FOR HEARING . 3. THE LD. DR OPPOSED THE MISC. APPLICATION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL T HE MATERIAL AVAILABLE ON RECORD. IT IS PERTINENT TO NOTE THAT WHILE DISPOSIN G THE APPEALS, THE TRIBUNAL HELD THAT IF THE ISSUES IN APPEALS ARE PENDING AGAI NST THE INCOME ASSESSED U/S 153C OF THE ACT ARE DECIDED AGAINST THE DEPARTMENT THEN THESE APPEALS WILL BE REVIVED. THEREFORE, WHEN THE SIMILAR ISSUE HAS BEEN DECIDED IN FAVOUR OF ASSESSEES OWN CASE FOR OTHER ASSESSMENT YEARS, VID E ORDER DATED 14.12.2018, THESE TWO APPEALS WILL BE REVIVED. THEREFORE, WE AR E RECALLING THE ORDER DATED 30.05.2018. THE REGISTRY IS DIRECTED TO FIX THESE T WO APPEALS FOR HEARING. PARTIES TO BE GIVEN NOTICE OF HEARING ACCORDINGLY. THE MISC. APPLICATION IS ALLOWED. 3 M.A NO. 315,316/DEL/2019 5. IN RESULT, MISC. APPLICATIONS FILED BY THE ASSE SSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JULY, 2019 . SD/- SD/- (R.K.PANDA) (SU CHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBE R DATED: 15/07/2019 *BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 4 M.A NO. 315,316/DEL/2019 DATE OF DICTATION 12.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK