ACIT, NEW DELHI vs. PUNEET DALMIA, NEW DELHI

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ITA 4218/DEL/2011Status: DisposedITAT Delhi29 October 2015AY 2006-073 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 due to the subsequent order of the Income Tax Settlement Commission and the Assessing Officer giving effect to it, both the Revenue's appeal and the assessee's cross-objection had become infructuous.

What were the facts?

The Revenue filed an appeal, and the assessee filed a cross-objection. The Income Tax Settlement Commission had passed an order for the relevant assessment year, and the Assessing Officer had given effect to it.

What were the issues?

Whether the appeal and cross-objection are rendered infructuous by a subsequent order from the Income Tax Settlement Commission.

Which sections of the Income-tax Act were involved?

Section 245D(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES : “F” NEW DELHI

Before: SHRI J.SUDHAKAR REDDY, A.M. & SMT. SUCHITRA KAMBLE, JM

Heard together (2 matters)

C.O.No. 358/Del/2011
ITA No. 4218/Del/2011

Read from the judgment's own cause title. This page is filed under one of them.

PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER

1.

This appeal is filed by the Revenue and is directed against the order of the Ld.CIT(Appeals)-XXVI, New Delhi dt. 8th June, 2011 pertaining to the Assessment Year (AY) 2006-07.

The Cross Objection is filed by the assessee.

2.

After hearing rival contentions, we find that the Hon’ble Income Tax Settlement Commission (hereinafter referred to as ‘ITSC’) has, for the various Assessment Years, including for the A.Y. 2006-07, passed an order u/s 245D(4) of the Income Tax Act, 1961 (the Act) on 31.3.2015, the A.O.

Cross Objection No.358/Del/11(In ITA 4218/Del/11) Sh. Puneet Dalmia, A.Y. 2006-07 has given effect to the order of the ITSC, vide his order dt. 21.8.2015. Under the circumstances, the Ld.Counsel for the assessee Shri RM Mehta submitted that, the departmental appeal as well as the Cross Objection filed become infructuous. The Ld.D.R. Shri Vikram Sahai could not controvert these submissions.

3.

In view of the above facts, we dismiss both the appeal of the Revenue as well as the Cross Objection of the assessee as ‘infructuous’.

4.

In the result Revenue’s appeal as well as assessee’s C.O. are dismissed. Order pronounced in the Open Court on 29th October, 2015.

Sd/- Sd/- (SUCHITRA KAMBLE) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: the 29th October, 2015 *manga

Cross Objection No.358/Del/11(In ITA 4218/Del/11) Sh. Puneet Dalmia, A.Y. 2006-07 Copy of the Order forwarded to:

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