ACIT, NEW DELHI vs. M/S OM SHIV BUILDTECH PVT. LTD.,, NEW DELHI

PDF
ITA 1979/DEL/2016Status: DisposedITAT Delhi30 August 2023AY 2007-08Bench: this tribunal. In addition to this, the assessee also filed cross objections before us. The assessee appeal in ITA No. 1586/Del/2016 for A.Y. 2007-08 was disposed off by this tribunal vide order dated 08.02.2023 wherein the entire assessment was annulled on the ground that approval u/s 153D of the Act was granted by the Additional Commissioner of Income Tax in a mechanical manner after placing reliance on various decisions of Hon’ble High Courts. Since the entire assessment is annulled, the4 pages

No AI summary yet for this case.

Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI

For Respondent: Ms. Monika Agarwal, Advocate
Hearing: 03/08/2023Pronounced: 30/08/2023

PER M. BALAGANESH AM: This appeal of the Revenue arises out of the order of the

Learned Commissioner of Income Tax (Appeals)-XXVI, New Delhi,

[hereinafter referred to as ‘Ld. CIT(A)’] in Appeal No.413/13-14

dated 18/01/2016 against the order passed by Ld. Deputy

Commissioner of Income Tax, Central Circle-15, New Delhi

(hereinafter referred to as the ‘Ld. AO’) u/s 144 r.w.s.153A of the

Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on

21/03/2013.

2.

We have heard the rival submissions and perused the

materials available on record. The assessee is a company dealing in

real estate land trading and development. A search was conducted

at the office premises of the company on 31.01.2008 and

accordingly notice u/s 153A of the Act was issued on 19.06.2009

and assessment was completed u/s 144 r,w,s 153A consequent

upon order u/s 264 of the Act dated 21.03.2013 determining total

income at Rs 4,67,73,448/-. In first appeal, the assessee obtained

partial relief. Against the order of the ld. CIT(A), the assessee as

Page 2 of 4

ITA No.1979/Del/2026 & C.O. No.200/Del/2016 ACIT vs. M/s Om Shanti Builtech Pvt. Ltd. well as the revenue preferred appeals before this tribunal. In

addition to this, the assessee also filed cross objections before us.

The assessee appeal in ITA No. 1586/Del/2016 for A.Y. 2007-08

was disposed off by this tribunal vide order dated 08.02.2023

wherein the entire assessment was annulled on the ground that

approval u/s 153D of the Act was granted by the Additional

Commissioner of Income Tax in a mechanical manner after placing

reliance on various decisions of Hon’ble High Courts. Since the

entire assessment is annulled, the revenue appeal and assessee’s

cross objections would also become infructuous and accordingly

dismissed.

3.

In the result, the appeal of the revenue is dismissed and cross

objections of the assessee is dismissed.

Order pronounced in the open court on 30th August, 2023.

Sd/- Sd/- (ANUBHAV SHARMA) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:30/08/2023 Pk/sps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT Page 3 of 4

ITA No.1979/Del/2026 & C.O. No.200/Del/2016 ACIT vs. M/s Om Shanti Builtech Pvt. Ltd. 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR ITAT, NEW DELHI

Page 4 of 4