ACIT, CC-27, NEW DELHI vs. UNIFLEX LTD., NEW DELHI

PER YOGESH KUMAR, U.S. JM: The present appeal is filed by the Department of Revenue against the order of the Commissioner of Income Tax (Appeals) -29 [‘Ld. CIT (A)’ for short] - New Delhi dated 17/03/2017 for the Assessment Year 2007- 08. 2. None appeared for the Assessee. 3. The Ld. Departmental Representative Ms. Jaya Chaudhary submitted that the original order dated 31/12/2010 passed u/s 153A r.w. Section 143(3) of the Income Tax Act, 1961 (‘Act’ for short) has been 2 1730/Del/2017 and other connected matters, wherein the Co-ordinate Bench of the Tribunal has decided the very same issue of sales tax subsidy received from UP Government to the tune of Rs. 36,57,94,648/- and another subsidy received from MP Industrial Policy amounting to Rs. 62,75,275/- in favour of the Assessee. The Ld. Departmental Representative further submitted that the present Appeal is emerges out of the subsequent assessment order passed u/s 148 of the Act on the very same issue of subsidy. The Department's Representative fairly submitted that, since the Coordinate Bench of the Tribunal has granted the relief by deciding the very same issue in favour of the Assessee and deleted the additions by following the orders of the Tribunal for previous years, the present Appeal filed by the Department has become in- fructuous. 4. By extending the token of appreciation to Ld. Departmental Representative for her fairness and the assistance to the Bench and recording the submission of the Ld. Departmental Representative,since the Co-ordinate Bench of the Tribunal has already decided the issue in 3 favour of the Assessee in ITA No. 1730/Del/2017 and other connected Appeals, the present Appeal of the Department is dismissed. Order pronounced in the open court on 06th March, 2025 (BRAJESH KUMAR SINGH) JUDICIAL MEMBER Date:- 06 .03.2025 R.N, Sr.P.S*