DCIT, New Delhi v. M/s Sheetal International Pvt. Ltd., New Delhi

ITA 928/DEL/2013 | 2008-2009
Pronouncement Date: 28-10-2016 | Result: Dismissed

Appeal Details

RSA Number 92820114 RSA 2013
Assessee PAN AAACS3368N
Bench Delhi
Appeal Number ITA 928/DEL/2013
Duration Of Justice 3 year(s) 8 month(s) 14 day(s)
Appellant DCIT, New Delhi
Respondent M/s Sheetal International Pvt. Ltd., New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 28-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 28-10-2016
Date Of Final Hearing 26-10-2016
Next Hearing Date 26-10-2016
Assessment Year 2008-2009
Appeal Filed On 14-02-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL VICE PRESIDENT G.D. AGRAWAL VICE PRESIDENT G.D. AGRAWAL VICE PRESIDENT G.D. AGRAWAL VICE PRESIDENT AND AND AND AND SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH SHRI KULDIP SINGH JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO S SS S . .. . 569/DEL/2013 570/DEL/2013 651/DEL/2013 & 652/DEL/ 2013 569/DEL/2013 570/DEL/2013 651/DEL/2013 & 652/DEL/ 2013 569/DEL/2013 570/DEL/2013 651/DEL/2013 & 652/DEL/ 2013 569/DEL/2013 570/DEL/2013 651/DEL/2013 & 652/DEL/ 2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR S SS S : : : : 2004 2004 2004 2004 - -- - 05 2006 05 2006 05 2006 05 2006 - -- - 07 2007 07 2007 07 2007 07 2007 - -- - 08 0808 08 & 2008 & 2008 & 2008 & 2008 - -- - 09 0909 09 M/S SHEETAL INTERNATIONAL M/S SHEETAL INTERNATIONAL M/S SHEETAL INTERNATIONAL M/S SHEETAL INTERNATIONAL PVT.LTD. PVT.LTD. PVT.LTD. PVT.LTD. G GG G- -- -81/A 2 81/A 2 81/A 2 81/A 2 ND NDND ND FLOOR FLOOR FLOOR FLOOR VIJAY CHOWK VIJAY CHOWK VIJAY CHOWK VIJAY CHOWK LAXMI NAGAR LAXMI NAGAR LAXMI NAGAR LAXMI NAGAR NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAACS3368N. PAN : AAACS3368N. PAN : AAACS3368N. PAN : AAACS3368N. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX INCOME TAX INCOME TAX INCOME TAX CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -II II II II NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) ITA NO ITA NO ITA NO ITA NO S.928/DEL S.928/DEL S.928/DEL S.928/DEL /2013 & 929/DEL/2013 /2013 & 929/DEL/2013 /2013 & 929/DEL/2013 /2013 & 929/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR S SS S : : : : 2008 2008 2008 2008 - -- - 09 & 2007 09 & 2007 09 & 2007 09 & 2007 - -- - 08 0808 08 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX INCOME TAX INCOME TAX INCOME TAX CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -II II II II NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. M/S SHEETAL INTERNATIONAL PVT.LTD. M/S SHEETAL INTERNATIONAL PVT.LTD. M/S SHEETAL INTERNATIONAL PVT.LTD. M/S SHEETAL INTERNATIONAL PVT.LTD. G GG G- -- -81/A 2 81/A 2 81/A 2 81/A 2 ND NDND ND FLOOR FLOOR FLOOR FLOOR VIJAY CHOWK VIJAY CHOWK VIJAY CHOWK VIJAY CHOWK LAXMI NAGAR LAXMI NAGAR LAXMI NAGAR LAXMI NAGAR NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AAACS3368N. PAN : AAACS3368N. PAN : AAACS3368N. PAN : AAACS3368N. (APP ELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASHOK KUMAR JAIN AND SHRI ASHU GOEL CAS. REVENUE BY : SHRI N.K. BANSAL SENIOR DR. DATE OF HEARING : 26.10.2016 26.10.2016 26.10.2016 26.10.2016 DATE OF PRONOUNCEMENT : 28.10.2016 28.10.2016 28.10.2016 28.10.2016 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL VP PER G.D. AGRAWAL VP PER G.D. AGRAWAL VP PER G.D. AGRAWAL VP : :: :- -- - THESE APPEALS BY THE ASSESSEE AND THE REVENUE ARE DIREC TED AGAINST THE ORDER OF LEARNED CIT(A)-III NEW DELHI DATED 3 RD DECEMBER 2012 AND 6 TH DECEMBER 2012. ITA-569/D/2013 & OTHERS 2 ITA NOS.569 570 651 & 652/DEL/2013 ITA NOS.569 570 651 & 652/DEL/2013 ITA NOS.569 570 651 & 652/DEL/2013 ITA NOS.569 570 651 & 652/DEL/2013 ASSESSEES APPEALS : ASSESSEES APPEALS : ASSESSEES APPEALS : ASSESSEES APPEALS :- -- - 2. IN ALL THESE APPEALS BY THE ASSESSEE GROUND NO.2 WHI CH IS COMMON READS AS UNDER :- ON THE FACTS AND CIRCUMSTANCES OF THE CASE LD. COMMISSIONER OF INCOME TAX (APPEAL) IS NOT JUSTIFIED IN CONFIRMING THE ACTION OF LD. AO FOR ASSUMING JURISDICT ION U/S 153C WHICH IS MISCONCEIVED AND ILLEGAL BEING WITHO UT JURISDICTION CONTRARY TO FACTS AND PROVISION OF LAW A ND HENCE THE ASSESSMENT BASED THEREON MUST BE QUASHED AS ERRONEOUS AND VOID. 3. AT THE TIME OF HEARING BEFORE US IT IS SUBMITTED B Y THE LEARNED COUNSEL THAT SEARCH AND SEIZURE OPERATION WAS CARRIED O UT ON 26 TH FEBRUARY 2009 AT THE PREMISES OF SHRI BAL KISHAN SARA F. THAT NO SATISFACTION WAS RECORDED BY THE ASSESSING OFFICER OF SHRI BAL KISHAN SARAF FOR INITIATING PROCEEDINGS U/S 153C AND IT IS TH E ASSESSING OFFICER OF THE ASSESSEE WHO RECORDED THE SATISFACTION AND INITIA TED PROCEEDINGS U/S 153C. IN SUPPORT OF HIS CONTENTION HE REFERRED TO THE REPLY GIVEN BY THE ASSESSING OFFICER IN RESPONSE TO INFOR MATION SOUGHT FOR BY THE ASSESSEE UNDER RIGHT TO INFORMATION ACT. HE STATED THAT IN SUCH REPLY THE ASSESSING OFFICER CATEGORICALLY STATED TH AT NO SATISFACTION WAS RECORDED BY THE ASSESSING OFFICER OF THE PERSON SEARCHED. THE ASSESSING OFFICER STATED THAT SINCE THE ASSE SSING OFFICER OF THE PERSON SEARCHED AND THE ASSESSEE ARE THE SAME THE RECORDING OF STATEMENT IN THE FILE OF THE ASSESSEE I.E. M/S SHEE TAL INTERNATIONAL PVT.LTD. IS SUFFICE TO INITIATE PROCEEDINGS U/S 153C. HE STATED THAT THE ABOVE ISSUE HAS BEEN DEALT WITH IN THE CIRCULAR NO.24/ 2015 DATED 31 ST DECEMBER 2015 OF CBDT IN WHICH THE CBDT HAS CLARIF IED THAT EVEN IF THE ASSESSING OFFICER OF THE SEARCHED PERSON AND OTHER PE RSON IS ONE AND THE SAME THEN ALSO SATISFACTION HAS TO BE RECORDED AS HELD BY HON'BLE SUPREME COURT IN THE CASE OF M/ S CALCUTTA ITA-569/D/2013 & OTHERS 3 KNITWEARS. HE STATED THAT ON THESE FACTS THE CIRCULAR OF CBDT IS CLEARLY APPLICABLE. HE ALSO RELIED UPON THE DECISION OF HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF NARSI CREATIO N VS. DCIT [2016] 70 TAXMANN.COM 156 (DELHI) AND THE ORDER DATED 11 TH AUGUST 2016 OF ITAT DELHI BENCH IN THE CASE OF SINGLA REALTORS LTD. IN ITA NO.1144 & 1145/DEL/2009. 4. LEARNED DR ON THE OTHER HAND STATED THAT DURING THE COURSE OF SEARCH OF THE PREMISES OF SHRI BAL KISHAN SARAF DOCUME NTS BELONGING TO THE ASSESSEE COMPANY WERE FOUND AND SEIZED. THE CASE OF SHRI BAL KISHAN SARAF AND THE ASSESSEE IS CENTRALIZED WITH THE SAM E ASSESSING OFFICER. THEREFORE THE SATISFACTION RECORDED BY THE ASSESSING OFFICER IS IN EFFECT THE SATISFACTION RECORDED BY THE ASSESSING OFFICER OF THE PERSON SEARCHED AS WELL AS THE ASSESSEE. HE STATED THAT IN THE BOARDS CIRCULAR THE CBDT HAS NOWHERE STATED THAT WHEN THE A SSESSING OFFICER OF THE SEARCHED PERSON AND THE OTHER PERSON IS ONE AND THE SAME THEN TWO DIFFERENT SATISFACTIONS ARE TO BE RECORDED BY HIM . THE CBDT ONLY SAYS THAT THE PROPER SATISFACTION IS TO BE RECORDED WHIC H HAS ALREADY BEEN DONE IN THIS CASE. THUS THE PROCEEDINGS U/S 153C WERE VALIDLY INITIATED AND THE SAME SHOULD BE UPHELD. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF BOTH THE SIDES AND HAVE PERUSED THE MATERIAL PLACED BEFORE US. WE F IND THAT THE ISSUE OF RECORDING OF SATISFACTION U/S 158BD AND 153C HA S BEEN DEALT WITH BY THE CBDT IN ITS CIRCULAR NO.24/2015 DATED 31 ST DECEMBER 2015 AS UNDER :- THE ISSUE OF RECORDING OF SATISFACTION FOR THE PURPOSES OF SECTION 158BD/153C HAS BEEN SUBJECT MATTER OF LITIGATI ON. 2. THE HON'BLE SUPREME COURT IN THE CASE OF M/S CALCUTTA KNITWEARS IN ITS DETAILED JUDGMENT IN CIVIL APPEAL ITA-569/D/2013 & OTHERS 4 NO.3958 OF 2014 DATED 12-3-2014 [2014] 43 TAXMANN.C OM 446 (SC) (AVAILABLE IN NJRS AT 2014-LL-0312-51) HAS LAID DOWN THAT FOR THE PURPOSE OF SECTION 158BD OF THE ACT RECORDING OF A SATISFACTION NOTE IS A PREREQUISITE AND THE SATISFACTION NOTE MUST BE PREPARED BY THE AO BEFORE HE TRANSMITS THE RECORD TO THE OTHER AO WHO HAS JURISDICT ION OVER SUCH OTHER PERSON U/S 158BD. THE HONBLE COURT H ELD THAT THE SATISFACTION NOTE COULD BE PREPARED AT ANY OF THE FOLLOWING STAGES : (A) AT THE TIME OF OR ALONG WITH THE INITIATION OF PROCEEDINGS AGAINST THE SEARCHED PERSON UNDER SECTION 158BC OF THE ACT; OR (B) IN THE COURSE OF THE ASSESSMENT PROCEEDINGS UNDER SECTION 158BC OF THE ACT; OR (C) IMMEDIATELY AFTER THE ASSESSMENT PROCEEDINGS ARE COMPLETED UNDER SECTION 158BC OF THE ACT OF THE SEARC HED PERSON. 3. SEVERAL HIGH COURTS HAVE HELD THAT THE PROVISIONS OF SECTION 153C OF THE ACT ARE SUBSTANTIALLY SIMILAR/PARI- MATERIA TO THE PROVISIONS OF SECTION 158BD OF THE ACT AND THEREFORE THE ABOVE GUIDELINES OF THE HONBLE SC A PPLY TO PROCEEDINGS U/S 153C OF THE IT ACT FOR THE PURPOSES OF ASSESSMENT OF INCOME OF OTHER THAN THE SEARCHED PERSON. THIS VIEW HAS BEEN ACCEPTED BY CBDT. 4. THE GUIDELINES OF THE HON'BLE SUPREME COURT AS REFERRED TO IN PARA 2 ABOVE WITH REGARD TO RECORDI NG OF SATISFACTION NOTE MAY BE BROUGHT TO THE NOTICE OF AL L FOR STRICT COMPLIANCE. IT IS FURTHER CLARIFIED THAT EVEN IF THE AO OF THE SEARCHED PERSON AND THE OTHER PERSON IS ONE AN D THE SAME THEN ALSO HE IS REQUIRED TO RECORD HIS SATISF ACTION AS HAS BEEN HELD BY THE COURTS. 5. IN VIEW OF THE ABOVE FILING OF APPEALS ON THE ISSU E OF RECORDING OF SATISFACTION NOTE SHOULD ALSO BE DECIDED IN THE LIGHT OF THE ABOVE JUDGMENT. ACCORDINGLY THE BOAR D HEREBY DIRECTS THAT PENDING LITIGATION WITH REGARD T O RECORDING OF SATISFACTION NOTE UNDER SECTION 158BD/153 C SHOULD BE WITHDRAWN/NOT PRESSED IF IT DOES NOT MEET THE GUIDELINES LAID DOWN BY THE APEX COURT. ITA-569/D/2013 & OTHERS 5 6. FROM THE ABOVE IT IS EVIDENT THAT THE CBDT HAS HE LD THAT RECORDING OF SATISFACTION NOTE IS PRE-REQUISITE AND SAT ISFACTION NOTE MUST BE PREPARED BY THE ASSESSING OFFICER BEFORE HE TRAN SMITS THE RECORD TO THE OTHER ASSESSING OFFICER WHO HAS THE JURISD ICTION OVER SUCH OTHER PERSON. THUS THE SATISFACTION NOTE IS TO BE RECO RDED BY THE ASSESSING OFFICER OF THE PERSON SEARCHED BECAUSE ONLY HE H AS THE SEIZED RECORD AND ALONG WITH THIS SATISFACTION NOTE H E HAS TO HAND OVER THE SEIZED RECORD TO THE OTHER ASSESSING OFFICER WHO HAS JURISDICTION OVER SUCH OTHER PERSON. IN PARAGRAPH 4 THE CBDT HAS ALSO MENTIONED THAT THERE SHOULD BE STRICT COMPLIANCE OF THE PROVISIO NS OF SECTION 153C. THE CBDT HAS ALSO CLARIFIED THAT EVEN IF THE A SSESSING OFFICER OF THE SEARCHED PERSON AND THE OTHER PERSON IS ONE AND THE SAME THEN ALSO HE IS REQUIRED TO RECORD HIS SATISFACTION AS HELD B Y THE COURTS. MEANING THEREBY FIRST THE SATISFACTION NOTE IS TO BE RECORDED BY HIM IN HIS CAPACITY AS THE ASSESSING OFFICER OF THE PERSON SEARCHE D AND THEN THE SEIZED DOCUMENTS WITH THE SATISFACTION NOTE ARE TO BE PLACED IN THE FILE OF SUCH OTHER PERSON AND THEN IN THE CASE OF SUCH OTHER PERSON THE SAME ASSESSING OFFICER CAN ISSUE NOTICE U/S 153C. IN THE C ASE UNDER APPEAL BEFORE US IN RESPONSE TO ASSESSEES APPLICATION UND ER RIGHT TO INFORMATION ACT THE ASSESSING OFFICER REPLIED AS UNDER :- TO SH. SUBHASH VERMA DIRECTOR M/S SHEETAL INTERNATIONAL PVT.LTD. G-81/A VIJAY CHOWK LAXMI NAGAR DELHI 110092. SIR SUB : INFORMATION SOUGHT UNDER RIGHT TO INFORMATION ACT 2005 REG. THIS OFFICE HAS RECEIVED YOUR APPLICATION UNDER RTI ACT 2005 DATED 31.03.2016 FROM CPIO & ITO (HQRS) (OSD) CENTRAL-3 NEW DELHI ON 04.04.2016. IN THIS REGARD IT IS ITA-569/D/2013 & OTHERS 6 SUBMITTED THAT ASSESSMENT PROCEEDINGS U/S 153C/153A/143(3) WAS COMPLETED IN THE CASE OF M/S SHEE TAL INTERNATIONAL PVT.LTD. AFTER RECORDING SATISFACTION NOTE (COPY ENCLOSED) IN THE FILE OF M/S SHEETAL INTERNATIONAL PV T.LTD. WHICH SUFFICES THE CONDITION MENTIONED U/S 153C TO INI TIATE ASSESSMENT PROCEEDINGS SINCE IN THIS CASE ASSESSING OFFICER OF THE PARTY SEARCHED (I.E. SH. BALKISHAN SAR AF) AND THE THIRD PARTY (I.E. M/S SHEETAL INTERNATIONAL PVT. LTD.) WAS SAME. 2. IF YOU ARE NOT SATISFIED WITH THE ABOVE REPLY YOU MAY FILE 2 ND APPEAL TO THE ADDL. COMMISSIONER OF INCOME TAX CENTRAL RANGE-7 DELHI. THE ADDL. COMMISSIONER OF INCOME TAX CENTRAL R-7 ROOM NO.328 E-2 ARA CENTER JHANDEWALAN EXTN. NEW DELHI 110055. YOURS FAITHFULLY SD/- (DR. PREETI SINGH) ASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-26 NEW DELHI. 7. FROM THE ABOVE REPLY IT IS EVIDENT THAT THE SATISF ACTION NOTE IS RECORDED IN THE FILE OF THE ASSESSEE BY HIS ASSESSING OFFICE R AND NOT IN THE FILE OF THE PERSON SEARCHED I.E. SHRI BAL KISHAN SARAF. THE SATISFACTION NOTE READS AS UNDER:- SATISFACTION NOTE U/S 153C OF THE I.T. ACT 1961 IN THE CASE OF M/S SHEETAL INTERNATIONAL LTD. A SEARCH & SEIZURE OPERATION U/S 132 OF THE I.T. ACT 1961 WAS CARRIED OUT IN THE CASE OF SHRI RAM HARI RAM GROU P ON 26.02.2009. DURING THE COURSE OF SEARCH CARRIED OUT ON 26.02.2009 AT THE PREMISES OF SH. BAL KISHAN SHAROFF 4735/22 GROUN D FLOOR AND 3 RD FLOOR ANSARI ROAD DARYAGANJ DELHI DOCUMENTS BELONGING TO THE ASSESSEE COMPANY WAS FOUND AND SEIZED AS PER ANNEXURE A-11 & A-12. ITA-569/D/2013 & OTHERS 7 THE CASE OF SH. BAL KISHAN SHAROFF THE SEARCHED ASSESSEE IS CENTRALIZED WITH THIS CIRCLE. DURING THE COURSE OF ASSESSMENT IN THE CASE OF SH. BAL KISHAN SHAROFF IT WAS FOUND THAT PAGES 13-16 OF ANNEXURE A-11 AND PAGES 1-4 0 & 48-49 OF ANNEXURE A-12 BELONG TO THE ASSESSEE COMPANY. SH. BAL KISHAN SHAROFF IN HIS STATEMENT ON OATH ALSO STA TED THAT THESE CONCERNS ARE PART OF GROUP CONCERNS AND ARE HAVING REGULAR FINANCIAL TRANSACTION WITH THEM. THEREFORE I AM SATISFIED THAT THIS IS A FIT CASE FOR IN ITIATING THE PROCEEDINGS U/S 153C RW SECTION 153A OF THE I.T. ACT 1961. ACCORDINGLY NOTICES U/S 153C RW 153A OF THE I .T. ACT 1961 ARE ISSUED FOR A.Y. 2003-04 TO 2008-09 SEPARATELY. SD/- (S.N. PANDEY) ACIT CENTRAL CIRCLE-2 NEW DELHI 8. FROM THE ABOVE SATISFACTION NOTE ALSO IT IS EVIDEN T THAT IT IS RECORDED IN THE CASE OF M/S SHEETAL INTERNATIONAL. THUS THIS SATISFACTION NOTE IS RECORDED BY THE ASSESSING OFFICER IN HIS CAPACITY AS THE ASSESSING OFFICER OF M/S SHEETAL INTERNATIONAL AND N OT THE ASSESSING OFFICER OF THE PERSON SEARCHED I.E. SHRI BAL K ISHAN SARAF. RECORDING OF SATISFACTION NOTE BY THE ASSESSING OFFICER O F THE PERSON SEARCHED IS THE PRIMARY CONDITION FOR INITIATION OF P ROCEEDINGS U/S 153C. ADMITTEDLY NO SATISFACTION NOTE IS RECORDED BY THE ASSESSING OFFICER OF THE PERSON SEARCHED. THEREFORE IN OUR OP INION THE PROCEEDING U/S 153C IS NOT VALIDLY INITIATED. THE SAM E IS QUASHED. 9. ONCE THE PROCEEDINGS U/S 153C ARE QUASHED CONSEQUEN TLY THE ASSESSMENT ORDERS PASSED IN PURSUANCE THERETO ARE ALSO QUA SHED. ACCORDINGLY FOR ASSESSMENT YEARS 2004-05 2006-07 200 7-08 & 2008- 09 THE PROCEEDINGS U/S 153C AND THE CONSEQUENTIAL ASSESS MENT ORDERS PASSED IN PURSUANCE TO SUCH NOTICE ARE QUASHED. ITA-569/D/2013 & OTHERS 8 10. ONCE THE ASSESSMENT ORDERS ITSELF HAVE BEEN QUASHED T HE OTHER GROUNDS RAISED BY THE ASSESSEE IN ITS APPEALS DO NOT REQUIR E ANY ADJUDICATION ON MERITS. ITA NOS. ITA NOS. ITA NOS. ITA NOS.928 & 929/D 928 & 929/D 928 & 929/D 928 & 929/DEL/2013 EL/2013 EL/2013 EL/2013 REVENUES A REVENUES A REVENUES A REVENUES APPEALS FOR AY 2008 PPEALS FOR AY 2008 PPEALS FOR AY 2008 PPEALS FOR AY 2008- -- -09 & 09 & 09 & 09 & 2007 2007 2007 2007- -- -08 : 08 : 08 : 08 :- -- - 11. THESE ARE TWO DEPARTMENTS APPEALS FOR ASSESSMENT YEAR 2007- 08 AND 2008-09 IN WHICH THE REVENUE HAS CHALLENGED T HE RELIEF ALLOWED BY THE LEARNED CIT(A). HOWEVER WHILE DISPOSING OF T HE ASSESSEES APPEAL WE HAVE QUASHED THE ASSESSMENT ORDERS FOR BOTH TH ESE YEARS. ONCE THE ASSESSMENT ORDER ITSELF HAS BEEN QUASHED THE DE PARTMENTS APPEALS DO NOT SURVIVE FOR ADJUDICATION ON MERIT. A CCORDINGLY THE SAME ARE DISMISSED. 12. IN THE RESULT THE APPEALS OF THE ASSESSEE ARE ALLOW ED AND THE APPEALS OF THE REVENUE ARE DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 28.10.2016. SD/- SD/- (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH (KULDIP SINGH ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S SHEETAL INTERNATIONAL PVT.LTD . M/S SHEETAL INTERNATIONAL PVT.LTD. M/S SHEETAL INTERNATIONAL PVT.LTD. M/S SHEETAL INTERNATIONAL PVT.LTD. G GG G- -- -81/A 2 81/A 2 81/A 2 81/A 2 ND NDND ND FLOOR VIJAY CHOWK FLOOR VIJAY CHOWK FLOOR VIJAY CHOWK FLOOR VIJAY CHOWK LAXMI NAGAR NEW DELHI. LAXMI NAGAR NEW DELHI. LAXMI NAGAR NEW DELHI. LAXMI NAGAR NEW DELHI. 2. RESPONDENT : DEPUTY COMMISSIONER OF INCOME TAX DEPUTY COMMISSIONER OF INCOME TAX DEPUTY COMMISSIONER OF INCOME TAX DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -II NEW DELHI. II NEW DELHI. II NEW DELHI. II NEW DELHI. 3. CIT 4. CIT(A) 5. DR ITAT ASSISTANT REGISTRAR