M/S Ajay Kumar Gupta, Faridabad vs. ACIT, Faridabad
In the result assessee’s appeal is allowed
ITA 5347/DEL/2013[2009-10]Status: DisposedITAT Delhi29 Jan 2016AY 2009-10
Bench: Shri J. Sudhakar Reddy & Shri A.T. Varkeyay: 2009-10 Sh.Ajay Kumar Gupta Vs. Acit, Range 2 Prop. M/S Gee Emm Steel Industries New Delhi B 274, Nehru Round, Nit Faridabad Pan: Aaqpg 1172 M (Appellant) (Respondent) Appellant By : Sh.Ved Jain, C.A. Respondent By : Sh. K.K.Jaiswal, Sr.D.R. Order
For Appellant: Sh.Ved Jain, C.AFor Respondent: Sh. K.K.Jaiswal, Sr.D.R
…1 A.Y. 2009-10 Sh. Ajay Kumar Gupta, Faridabad 3. On appeal the First Appellate Authority upheld the order of the AO. Reliance was placed by the assessee on the decision of Hon’ble Supreme Court in the case of DCIT vs. Core Health Care Ltd. (2008) reported in 215 CTR 1(SC) was held as misplaced, for the reason that the impugned A.Y. was 2009-10 i.e. after the coming into effect the Proviso to S.36(1)(iii). Aggrieved the assessee is in appeal before us. 4. We have heard Shri Ved Jain, the Ld.Counsel for the assessee and Shri KK Jaiswal, Ld.Sr.D.R. on behalf of the Revenue. 4.1. The Proviso to S.36(1) (iii) of th…