M/s IRS Industries (P) Ltd., New Delhi v. DCIT, New Delhi

ITA 3931/DEL/2011 | 2005-2006
Pronouncement Date: 31-07-2012 | Result: Allowed

Appeal Details

RSA Number 393120114 RSA 2011
Assessee PAN AAACI2815G
Bench Delhi
Appeal Number ITA 3931/DEL/2011
Duration Of Justice 11 month(s) 5 day(s)
Appellant M/s IRS Industries (P) Ltd., New Delhi
Respondent DCIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 31-07-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 31-07-2012
Date Of Final Hearing 31-07-2012
Next Hearing Date 31-07-2012
Assessment Year 2005-2006
Appeal Filed On 26-08-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: C NEW DELHI BEFORE SHRI I.C. SUDHIR HONBLE JUDICIAL MEMBER AN D SHRI A.N.PAHUJA ACCOUNTANT MEMBER I.T.A .NO. 3931/DEL/2011 ASSESSMENT YEAR: 2005-06 M/S IRS INDUSTRIES (P) CIT (A)-XII LTD. B-2 ESSEL HOUSE NEW DELHI 10 ASAF ALI ROAD VS. NEW DELHI PAN: AAACI2815G (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PIYUSH KAUSHIK ADV. RESPONDENT BY: SHRI SATPAL SINGH SR.DR HEARING ON : 31/07/2012 PRONOUNCE ON THE DATE: .. ORDER PER I.C.SUDHIR JM: THE ASSESSEE HAS QUESTIONED FIRST APPELLATE ORDER W HEREBY THE LD.CIT(A) HAS HELD THAT THE INCOME OF RS.15 75 740/ - WAS INCOME FROM OTHER SOURCES AND NOT A CAPITAL GAIN AS CLAIMED BY THE ASSESSEE. 2. AT THE OUTSET OF HEARING THE LD. AR POINTED OUT THA T AN IDENTICAL ISSUE UNDER SIMILAR FACTS WAS RAISED IN THE APPEAL FOR TH E A.Y. 2004-05 IN THE CASE OF THE ASSESSEE THE PRESENT YEAR WHEREIN THE TRIBUN AL HAS SET ASIDE THE MATTER TO THE FILE OF THE FIRST APPELLATE AUTHORITY FOR FR ESH CONSIDERATION. LD. CIT(A) 3931/DEL/2011 2 HAS DECIDED THE ISSUE FOLLOWING THE FIRST APPELLATE ORDER FOR THE A.Y. 2004-05 WHICH HAS BEEN SET ASIDE BY THE TRIBUNAL FOR FRESH CONSIDERATION OF THE LD. CIT(A). THE LD. AR INFORMED FURTHER THAT THE LD. CI T(A) IS YET TO DISPOSED OFF THE MATTER FOR THE A.Y. 2004-05 IN COMPLIANCE O F THE DIRECTION OF THE TRIBUNAL. 3. THE LD. DR DID NOT DISPUTE THE ABOVE FACT HE HOWEV ER POINTED OUT THAT THE ASSESSEE DID NOT BOTHER TO APPEAR BEFORE T HE LD. CIT (A) HENCE HE WAS HAVING NO OPTION BUT TO PASS THE ORDER IN FIRST APPEAL EX-PARTE ON THE BASIS OF MATERIAL AVAILABLE ON THE RECORD. 4. IN REJOINDER THE LD. AR UNDERTOOK TO COOPERATE WIT H THE FIRST APPELLATE AUTHORITY IF THE MATTER IS SET ASIDE TO T HE FILE OF THE LD.CIT (A). 5. IN VIEW OF AFORESAID FACTS THE MATTER IS SET ASIDE TO THE FILE OF THE LD. CIT(A) TO DECIDE THE ISSUE RAISED IN THE GROUND AFR ESH AS DIRECTED BY THE TRIBUNAL IN THE APPEAL FOR THE AFRESH ASSESSMENT 20 04-05 AFTER AFFORDING OPPORTUNITY OF BEING HEARD TO THE PARTIES. 6. THE GROUND IS THUS ALLOWED FOR STATISTICAL PURPOSES . 7. CONSEQUENTLY APPEAL IS ALLOWED FOR STATISTICAL PURP OSES. 8. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 31/07/ 2012. SD/- SD/- (A.N.PAHUJA ) (I.C.SUDH IR) ACCOUNTANT MEMBER JUDICIAL MEMBER 3931/DEL/2011 3 DATED: 31/07/2012 *AK VERMA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR