ACIT, MEERUT vs. M/S. VAM RESORTS & HOTELS (P) LTD., MEERUT

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ITA 4308/DEL/2015Status: DisposedITAT Delhi23 March 2017AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the revisional order under Section 263, which formed the basis of the addition, was set aside by the Tribunal itself, no addition could be sustained. No evidence was presented to show this decision was altered.

What were the facts?

The Revenue appealed against the deletion of an addition of Rs.7,16,62,142/-. This addition was made by the Assessing Officer pursuant to a revised assessment order under Section 263 of the Income Tax Act.

What were the issues?

Whether an addition made pursuant to a revisional order that has been subsequently set aside by the Tribunal is valid.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH : E : NEW DELHI

Before: SHRI R.S. SYAL, AM & MS SUCHITRA KAMBLE, JM

For Appellant: Ms Nirupama Kotru, CIT, DR
For Respondent: Shri Chander Mehra, CA
Hearing: 23.03.2017Pronounced: 23.03.2017

(Appellant) (Respondent) Appellant by : Ms Nirupama Kotru, CIT, DR Respondent by: Shri Chander Mehra, CA Date of Hearing : 23.03.2017 Date of Pronouncement: 23.03.2017 ORDER

PER SHRI R.S. SYAL, AM:

1.

This appeal by the Revenue is directed against the order passed by the CIT(A) on 29.04.2015 in relation to the Assessment Year 2008-09.

2.

The only issue raised in this appeal by the Revenue is against the deletion of addition of Rs.7,16,62,142/-.

3.

Shorn of unnecessary details, it is observed that the assessment order passed u/s 143(3) was revised by the ld. CIT u/s 263 of the Act. Pursuant to such order, the Assessing Officer passed the instant order making an addition of Rs.7,16,62,142/-. The ld.CIT(A) noticed that the order passed u/s 263 was set aside by the Tribunal and, as such, no addition can be made.

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