ACIT, NEW DELHI vs. MKR CONSTRUCTION (P) LTD., NEW DELHI
In the result Revenue’s appeal is dismissed and assessee’s
ITA 5444/DEL/2013[2004-05]Status: DisposedITAT Delhi10 Jul 2017AY 2004-05
Bench: Shri G.D. Agrawal & Shri Amit Shuklain Ita No. 5444/Del/2013 Co. No. 128/Del/2014 Assessment Year: 2004-05 Acit Central Circle-2, Vs. Mkr Construction Room No. 355, 3Rd Floor, (P)Ltd., 2042, Katra Ara Centre, Jhandewalan Extn. Tobacco, Khari Baoli, New Delhi New Delhi (Applicant) (Respondent) (Pan: Aadcm6195J) Assessee By: Shri Suresh Gupta, Ca Revenue By: Shri H.K. Chaudhary, Cit Dr Date Of Hearing 22/06/2017 Date Of Pronouncement 10/07/2017
For Appellant: Shri Suresh Gupta, CAFor Respondent: Shri H.K. Chaudhary, CIT DR
Section 132(1)Section 132(4)Section 139(1)Section 143(2)Section 143(3)Section 153Section 153ASection 68
…While taking up the cross- objections, although the delay in filing was condoned, the ITAT declined to permit the Assessee to maintain the cross objections by following the decision of the Coordinate Bench of the ITAT in ITO v. Neetee Clothing (P)Ltd. [2010] 129 TTJ 342 (ITAT [Del]), on the ground Page 6 of 15 that since the Assessee had not urged the plea of being entitled to the benefit under Section 10 A of the Act before the CIT (A), it could not be permitted to urge such plea for the first time before the ITAT. 14. Having heard the learned counsel for the parties, the Court is of the view that ITAT was in…