VINOD KUMAR GUPTA,NEW DELHI vs. ITO, WARD-68(3), NEW DELHI

The present appeal has been filed by the assessee assailing the correctness of the order dated 18.10.2017 of CIT (A) – 21, New Delhi pertaining to 2010-11 assessment year on the following grounds : -

1. “Initiating proceedings u/s 147/148 of the Income Tax Act 1961 (the Act) without there being any valid reason leading to any belief of escapement of income;

2. Assessment order u/s 147/143(3) of the Act without providing reasons for reopening the assessment and allowing opportunity of filing objections to the reopening the completed assessment.

3. Making an addition of Rs. 4,88,162/- towards expenditure incurred to the tune of 40% of the incentive bonus and additional conveyance allowance.”

2. However at the time of hearing ld. AR submitted that he would not be pressing ground No. 1 and 2 and confine his arguments only to ground No.

3. In view thereof, the aforesaid two grounds are dismissed as withdrawn/not pressed.

3. Addressing Ground No. 3, it was his submission that the assessee is a Development Officer with LIC and the issue which is a subject matter of consideration in the present proceedings, has come up for consideration before the ITAT in assessee’s own case for 1995-96 to 1998-99 assessment years. The ITAT had remanded the same to the A.O. vide order dated 31.5.2004 in & 819/DEL/2003. Said order, it was submitted, is available at paper book at page 1 and 2 . Attention was invited to paper book page 3 to state that the A.O. after necessary verification had granted relief to the assessee. Similarly in 2009-10 assessment year, it was submitted, the relief granted by the CIT(A) XXX New Delhi in the case of assessee vide order dated 8.5.2013 in ITA No.

ITA 6929/Del/2017 Page 2 of 2 3248/11-12 was not challenged by the Revenue on the grounds of the low tax effect. Accordingly it was submitted that issue stands covered.