M/S. GHAZIABAD DEVELOPMENT AUTHORITY,NEW DELHI vs. CIT(E), LUCKNOW
In the result, the appeal of the assessee is dismissed as non- maintainable
ITA 4009/DEL/2015[]Status: DisposedITAT Delhi16 Dec 2015
Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: Na M/S Ghaziabad Development Vs. Commissioner Of Income Authority, C/O- M/S Rra Taxindia Tax (Exemption), 5, D-28, South Extension, Part-I, Ashok Marg, Aayakar New Delhi Bhawan, Lucknow (Pan: Aaalg0072C) (Appellant) (Respondent) Appellant By : Sh. Rakesh Gupta, Adv. & Smt. Poonam Ahuja, Adv Respondent By : Sh. A.K. Saroha, Cit(Dr) Date Of Hearing: 03.12.2015 Date Of Pronouncement: 16.12.2015 Order Per O.P. Kant, A.M.: The Present Appeal By The Assessee Is Directed Against The Order Dated 29.05.2015 Passed By Commissioner Of Income Tax (Exemptions), Lucknow Under Section 154 Of The Income-Tax Act, 1961 (For Short “The Act”), Raising The Following Grounds Of Appeal: I. That Having Regard To The Facts & Circumstances Of The Case, Learned Commissioner Of Income Tax (Exemption) Has Erred In Law & On Facts In Rejecting The Application U/S 154 Filed By The Assessee That Too Without Appreciating The Facts & Circumstances Of The Case & Without Giving Adequate Opportunity Of Hearing. Ii. That Having Regard To The Facts & Circumstances Of The Case, Learned Commissioner Of Income Tax (Exemption) Has Erred In Law & On Facts
For Appellant: Sh. Rakesh Gupta, Adv. & Smt. Poonam Ahuja, AdvFor Respondent: Sh. A.K. Saroha, CIT(DR)
Section 12(1)(a)Section 12ASection 154
…of the order in the case of Pradeep Singh (supra) are reproduced as under: “7. The above contention of the assessee was raised in the indentical situation before the Hon’ble Gujarat High Court in the case of Mandal 6 Ginning & Pressing Co. Ltd. v. CIT [1973] 90 ITR 332 wherein the question before the Court was: "whether an appeal lies against an order of rectification made by the ITO under section 35(1) of the Indian Income Tax Act, 1922?" 8. Section 35(1) of 1922 Act is analogous to Section 154 of 1961 Act. Under the 1922 Act, no appeal was provided under section 30 against the order of rectification under se…