ACIT Range-2, v. M corp Global (P) Ltd,

ITA 2023/DEL/2008 | 1992-1993
Pronouncement Date: 12-01-2010 | Result: Dismissed

Appeal Details

RSA Number 202320114 RSA 2008
Bench Delhi
Appeal Number ITA 2023/DEL/2008
Duration Of Justice 1 year(s) 7 month(s) 19 day(s)
Appellant ACIT Range-2,
Respondent M corp Global (P) Ltd,
Appeal Type Income Tax Appeal
Pronouncement Date 12-01-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 12-01-2010
Date Of Final Hearing 12-01-2010
Next Hearing Date 12-01-2010
Assessment Year 1992-1993
Appeal Filed On 23-05-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH E NEW DELHI) BEFORE SHRI I.P. BANSAL AND SHRI A.K GARODIA I.T.A. NO.2023/DEL./2008 (ASSESSMENT YEAR: 1992-93) ADDL.CIT RANGE 2 VS. M/S MCORP. GLOBAL PVT. LTD . GHAZIABAD. D-1 SECTOR 3 NOIDA (PAN/GIR NO.N.A.) AND C.O. NO.44/DEL./2009 (IN ITA NO.2023/DEL./2008) (ASSESSMENT YEAR: 1992-93) SPICE ENFOTAINMENT LTD. VS. ADDL.CIT RANGE 2 (FORMERLY KNOWN AS GHAZIABAD. MCORPGLOBAL PVT. LTD. NOIDA. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI AJAY VOHRA ALONGWITH AVDESH BANS AL CA REVENUE BY : SHRI MUKESH VERMA SR.DR ORDER PER A.K. GARODIA AM : THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJE CTION BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A)-XII NEW D ELHI DATED 07.01.2008. THIS ORDER OF LD.CIT(A) IS IN THE PROCEEDINGS INITIATED BY THE AO CONSEQUENT UPON THE ORDER PASSED BY THE LD.CIT ON 22.03.2004 U/S 263 OF THE I.T. ACT 1 961. THAT ORDER PASSED BY LD.CIT U/S 263 WAS VACATED BY THE TRIBUNAL VIDE ORDER DATED 17 .4.2009 IN ITA NO.2995/DEL./2004 FOR AY 1992-93 IN ASSESSEES OWN CASE. A COPY OF T HE ORDER OF THE TRIBUNAL CITED SUPRA IS AVAILABLE ON PAGES 96-106 OF THE PAPER BOOK. SI NCE THE ORDER U/S 263 HAS BEEN VACATED BY THE TRIBUNAL THEREFORE THE IMPUGNED ASSESSMENT ORDER PASSED AS A CONSEQUENCE TO THAT ORDER OF CIT U/S 263 DOES NOT SURVIVE. HENCE THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ALSO DO NOT SURVIVE. ITA NO.2023/DEL./2008 & C.O. NO.44/DEL./2009 (A.Y. 1992-93) 2 2. IN THE RESULT BOTH THE APPEAL AND THE CROSS OBJ ECTION ARE DISMISSED. 3. ORDER PRONOUNCED IN OPEN COURT ON THE CONCLUSION OF THE HEARING ON 12.01.2010 ITSELF. SD/- SD/- (I.P.BANSAL) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SKB DATED JANUARY 12 2010. COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XII NEW DELHI. 5.CIT(ITAT) NEW DELHI. AR/ITAT