Principal Commissioner of Income-tax-2, Agra v. Narendra Impex Ltd
[Citation -2017-LL-0901-3]

Citation 2017-LL-0901-3
Appellant Name Principal Commissioner of Income-tax-2, Agra
Respondent Name Narendra Impex Ltd.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 01/09/2017
Assessment Year 2008-09
Judgment View Judgment
Bot Summary: The following two questions are urged in this appeal by the Revenue against the order dated 22nd December, 2016 passed by the Income Tax Appellate Tribunal in ITA No.5945/Del/2013for the Assessment Year 2008-09. A. Whether on facts and in the circumstances of the case the Ld. ITAT was correct in law in quashing the order U/s 153C of the Act B. Whether on facts and in the circumstances of the case the Ld. ITAT was correct in law in allowing the application made under Rule 27 of the Income Tax Rules, 1963 without appreciating the fact that the assessee was required to file cross objection in terms of section 253(4) read with Rule 22 of the Income Tax Rules, 1963 for raising such plea/grounds before the Ld. ITAT 2. As far as question A is concerned, it is seen that it is covered against the Revenue by the decision of this Court in Commissioner of Income Tax v. RRJ Securities Ltd. 380 ITR 612. This Court is not inclined to frame an issue in this regard. As far as question B is concerned, the Court is of the view that in the facts of the present case, the said question does not require to be examined.


IN HIGH COURT OF DELHI AT NEW DELHI ITA 561/2017 PRINCIPAL COMMISSIONER OF INCOME TAX-2, AGRA ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing Counsel. versus NARENDRA IMPEX LTD. ..... Respondent Through: None. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH ORDER 01.09.2017 1. following two questions are urged in this appeal by Revenue against order dated 22nd December, 2016 passed by Income Tax Appellate Tribunal ( ITAT ) in ITA No.5945/Del/2013for Assessment Year ( AY ) 2008-09. A. Whether on facts and in circumstances of case Ld. ITAT was correct in law in quashing order U/s 153C of Act? B. Whether on facts and in circumstances of case Ld. ITAT was correct in law in allowing application made under Rule 27 of Income Tax (Appellate Tribunal) Rules, 1963 without appreciating fact that assessee was required to file cross objection in terms of section 253(4) read with Rule 22 of Income Tax (Appellate Tribunal) Rules, 1963 for raising such plea/grounds before Ld. ITAT? 2. As far as question is concerned, it is seen that it is covered against Revenue by decision of this Court in Commissioner of Income Tax v. RRJ Securities Ltd. (2016) 380 ITR 612 (Del). This Court is, therefore, not inclined to frame issue in this regard. 3. As far as question B is concerned, Court is of view that in facts of present case, said question does not require to be examined. It can be considered in appropriate case. 4. appeal is dismissed. S. MURALIDHAR, J. PRATHIBA M. SINGH, J. SEPTEMBER 01, 2017 dk Principal Commissioner of Income-tax-2, Agra v. Narendra Impex Ltd
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