ACIT, CIRCLE-18(2), NEW DELHI vs. NIYANT HERITAGE HOTEL PVT. LTD., NEW DELHI

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ITA 766/DEL/2020Status: HeardITAT Delhi07 November 2023AY 2010-11Bench: DR. B.R.R. KUMAR (Accountant Member), SHRI YOGESH KUMAR US (Judicial Member)2 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 upheld the CIT(A)'s decision to delete the protective addition. Since the substantive addition was addressed elsewhere, the protective addition in the assessee's hands was no longer necessary.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a protective addition made in the hands of the assessee. The substantive addition was made in another entity's case and dealt with by the CIT(A).

What were the issues?

Whether a protective addition made in the assessee's hands is sustainable when the substantive addition has been dealt with in another entity's case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘E‘ BENCH

Before: DR. B.R.R. KUMAR & SHRI YOGESH KUMAR US

For Appellant: Shri Vinod Kumar Gupta, CA
For Respondent: Ms. Samita Singh (On Leave)
Hearing: 07/11/2023Pronounced: 07/11/2023

O R D E R PER DR. B.R.R. KUMAR :- The present appeal has been filed by the Revenue against the order of ld. CIT(A)-37, New Delhi dated 29.11.2019.

2.

We have perused the material on record and find that protective addition was made in the hands of the assessee and substantive addition has been made in the case of M/s. Ananda Heritage Hotels Pvt. Ltd., which has been duly dealt with the Ld. CIT(A) on substantive basis, hence the Ld. CIT(A) has rightly deleted the protective addition in the hands of the assessee.

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