M/S. INDIA HABITAT CENTRE,NEW DELHI vs. CIT(E), NEW DELHI
In the result, the Appeal filed by the Assessee stands allowed
ITA 2340/DEL/2016[2011-12]Status: DisposedITAT Delhi19 Oct 2016AY 2011-12
Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2011-12 India Habitat Centre, Commissioner Of Income Tax (Exemptions), Lodi Road, Vs. Pratyakash Kar Bhavan, E- New Delhi - 110003 2, Block, 26Th Floor, Dr. (Pan: Aaati0499M) Shyama Prasad Mukherjeemarg, Civic Centre, Jawaharlal Nehru Marg, New Delhi – 110 002 (Appellant) (Respondent)
For Appellant: Sh. Suresh Ananthraman, CAFor Respondent: Ms. Satpal Gulati, CIT(DR)
Section 11Section 12ASection 143(2)Section 143(3)Section 263
…High Court in Geevee Enterprises vs. Addl. CIT 99 ITR 375 (Del.). In arriving at this decision, the Delhi High Court drew strength from the principles laid down by the Supreme Court in Rampyari Devi Sarogi vs. CIT 67 ITR 84 (SC) and Tara Devi Agarwal vs. CIT, 88 ITR 324 (SC). The underlying principle which emerges from these judgments is that if an assessment order is passed without making any enquiries, then such an order would be erroneous. 8.4 We also find that the AO has consciously taken a view with regard to the “Principle of Mutuality”. The Hon’ble Supreme Court in 10 the case of Malabar Industrial Co. Lt…