Shri Anuj Gupta, Noida vs. ITO, New Delhi
In the result, the appeals filed by the respective assessee are partly allowed
ITA 698/DEL/2015[2006-07]Status: DisposedITAT Delhi26 Jul 2016AY 2006-07
Bench: Shri R.K. Pandaassessment Year: 2006-07 Anuj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aajpg2385D Assessment Year: 2006-07 Pankaj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aadpg5224D (Appellant) (Respondent) Assessee By : Shri Sudhir Dash, Ca Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 16.06.2021 Date Of Pronouncement : 07.07.2021 Order The Above Two Appeals Filed By The Respective Assessees Are Directed Against The Separate Orders Dated 23.12.2014 Of The Cit(A)-7, New Delhi Relating To Assessment Year 2006-07. Since Identical Grounds Have Been Taken By Both The Assessees, Therefore, These Were Heard Together & Are Being Disposed Of By This Common Order.
For Appellant: Shri Sudhir Dash, CAFor Respondent: Shri R.K. Gupta, Sr. DR
Section 143Section 143(1)Section 143(3)Section 147Section 148Section 2Section 2(22)(e)Section 234B
…2(22)(e) of the Act are not applicable. Referring to the following decisions, the ld. Counsel submitted that the ld.CIT(A) is not justified in sustaining the addition made by the AO u/s 2(22)(e) of the Act:- i) CIT vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476 (Del); ii) Pradip Kumar Malhotra vs. CIT, ITA No.219 of 2003 (Kolkata High Court); iii) CIT vs. Hindustan Petroleum Corporation Ltd., 187 ITR 1 (Bom) and iv) CIT vs. C.P. Sarathy Mudaliar, 83 ITR 170 (SC) 10. The ld. DR, on the other hand, heavily relied on the order of the CIT(A). 11. I have considered the rival arguments made by both the side…