CIT vs. S NET FREIGHT INDIA PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 295/2012 . . . CIT ..... Appellant . Through : Ms. Rashmi Chopra, Advocate. . . . versus . . . S NET FREIGHT INDIA PVT LTD ..... Respondent . Through : Mr. S. Ramchandani, Advocate. . . . AND . . . ITA 296/2012 . . . CIT ..... Appellant . Through : Ms. Rashmi Chopra, Advocate. . . . versus . . . S NET FREIGHT INDIA PVT LTD ..... Respondent . Through : Mr. S. Ramchandani, Advocate. . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 18.05.2012 . . . C.M. No. 8268/2012 (exemption) in ITA No. 296/2012 . . . Exemption allowed, subject to all just exceptions. . C.M. stands disposed of. . ITA No. 295/2012 . ITA No. 296/2012 . . . 1. The attention of learned counsel for the appellant has been drawn to page Nos. 45 and 46 of the paper book. CIT(A) in its order . . . ITA Nos. 295/2012 and 296/2012 page 1 of 2 . has referred in detail to the submissions made by the assessee and various annexures thereto. It is clear from the said submissions that S- Net Freight (India) Private Limited was incorporated by S-Net Freight (Holdings) Private Limited and the initial two directors were its nominees. The annexures referred therein include correspondence with various authorities in India. . 2. It is noticeable that neither the Assessing Officer nor the CIT(A) have dealt with and examined the said averments/assertions. . 3. Learned counsel for the Revenue prays for some time to examine the assessment records and find out whether these documents and contentions were raised before the Assessing Officer. . 4. Learned counsel for the assessee, who appears on advance notice, states that these contentions were raised and documents were filed before the Assessing Officer. . 5. Relist on 4th July, 2012. . . . SANJIV KHANNA, J. . . . . . R.V.EASWAR, J. . MAY 18, 2012 . AK . . . . . . . . . ITA Nos. 295/2012 and 296/2012 page 2 of 2 . . . . . $ 4 .