R.K.K.R. INDUSTRIES PVT. ,NEW DELHI V. .DCIT, SPL.RANGE, NEW DELHI

ITA 4090/DEL/1994

AI Insights

The case involves two appeals by R.K.K.R. International Pvt. Ltd. and R.K.K.R. Industries Pvt. Ltd. against the orders of the Commissioner of Income-tax (Appeals)-VIII, New Delhi, which were originally passed in response to the orders of the AO under section 143(3) of the Income Tax Act, 1961. The appeals pertain to the Assessment Year 1990-91. The primary issue under examination was the determination of the ALV of properties owned by the assessees. The Hon'ble High Court had previously remanded the cases back for reconsideration, and it was noted that the AO had adjusted the ALV in subsequent years based on revised rates. Both parties agreed that the matter should be sent back to the AO for fresh determination based on the updated figures provided by the NDMC.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 23796 (ITAT-DELHI)
• Duration Of Justice: 30 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 1990-1991
• Appeal Filed On: 16-06-1994
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSRA
• Assessee Lawyers: INDIRA BANSAL
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : F : NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.4090/Del/1994 Assessment Year: 1990-91 R.K.K.R. International Pvt. Ltd., 12, Aurangzeb Lane, New Delhi – 110 011. Vs ACIT, Central Circle-21, New Delhi. ITA No.4091/Del/1994 Assessment Year: 1990-91 R.K.K.R. Industries Pvt. Ltd., 12, Aurangzeb Lane, New Delhi – 110 011 Vs. ACIT, Central Circle-21, New Delhi. (Appellant) (Respondent) Assessee by : Smt. Indira Bansal, Advocate Revenue by : Ms Harpreet Kaur Hansra, Sr. DR Date of Hearing : 03.12.2024 Date of Pronouncement : 10.12.2024 ORDER PER ANUBHAV SHARMA, JM: The appeals are by two assessees. The ITA No.4090/Del/94 is preferred by the first assessee, R.K.K.R. International Pvt. Ltd., against the order dated 31.03.94 of the Commissioner of Income-tax (Appeals)-VIII, New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in ITAs No.4090 & 4091/Del/1994 2 Appeals No. 76/93-94 arising out of the appeal before it against the order dated 26.02.1993 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the ACIT, Central Circle-21, New Delhi (hereinafter referred to as the Ld. AO) and ITA No.4091/Del/94 is preferred by the second assessee, R.K.K.R. Industries Pvt. Ltd., against the order of the Ld. FAA arising out of the appeal before it against the order passed by the AO also for the Assessment Year 1990-91. 2. The cases were called and heard. The ld. AR representing both the assessee has pointed out that the present appeals are restored back after the orders of the Hon’ble High Court and that in regard to the issue involved, in the subsequent years the AO himself has taken into consideration the revised rates in estimating the ALP of the properties. In this context, we find that the Hon’ble High Court vide order dated 4/8/2015 has directed that appeals be determined again along with other appeals for AY 1988-89 and 1989-90, which were remanded back earlier by the Hon’ble High Court. 3. The ld. AR has brought on record the copy of order dated 21.05.2007 for AY 2004-05 of CIT(A)-II, New Delhi, passed in Appeal No.DEL/CIT(A)-II/06- 07/354 whereby the ld.CIT(A) himself has remitted the matter to the AO to substitute the figures as determined by the NDMC. Both the sides submitted that the issues under examination have to be ultimately now to be sent to AO for fresh determination. ITAs No.4090 & 4091/Del/1994 3 4. In the light of foresaid submissions we allow the appeals for statistical purposes and the issue of determination of ALV, in case of both the assessee for the relevant AY, are restored to the files of AO, with a direction to consider the same and decide afresh, in terms of directions of CIT(A) dated 21.05.2007 for AY 2004-05 (supra). Order pronounced in the open court on 10.12.2024. Sd/- Sd/- (S. RIFAUR RAHMAN) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:10th December, 2024. dk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi "