Income Tax Appellate Tribunal - Delhi
Acit, Meerut vs Vam Resorts & Hotels (P) Ltd., Meerut on 23 March, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH : E : NEW DELHI
BEFORE SHRI R.S. SYAL, AM AND MS SUCHITRA KAMBLE, JM
ITA No.4308/Del/2015
Assessment Year : 2008-09
ACIT, Vs. VAM Resorts & Hotels
Circle-2, (P) Ltd.,
Meerut. Opp. Apex College,
Vedvyaspuri,
Meerut.
PAN: AABCV5979M
(Appellant) (Respondent)
Appellant by : Ms Nirupama Kotru, CIT, DR
Respondent by: Shri Chander Mehra, CA
Date of Hearing : 23.03.2017
Date of Pronouncement: 23.03.2017
ORDER
PER SHRI R.S. SYAL, AM:
This appeal by the Revenue is directed against the order passed by the CIT(A) on 29.04.2015 in relation to the Assessment Year 2008-09.
2. The only issue raised in this appeal by the Revenue is against the deletion of addition of Rs.7,16,62,142/-.
ITA No.4308/Del/2015 2
3. Shorn of unnecessary details, it is observed that the assessment order passed u/s 143(3) was revised by the ld. CIT u/s 263 of the Act. Pursuant to such order, the Assessing Officer passed the instant order making an addition of Rs.7,16,62,142/-. The ld.CIT(A) noticed that the order passed u/s 263 was set aside by the Tribunal and, as such, no addition can be made.
4. In view of the fact that the very foundation of the said addition of development expenses, being the order passed u/s 263 of the Act does not survive any more, there can be no question of making any addition flowing from such order. No material has been placed on record to demonstrate that the Tribunal order setting aside the revisional order has been modified or reversed in any manner by the Hon'ble High Court.
5. In the result, the appeal filed by the Revenue is dismissed.
The decision was pronounced in the open court on 23rd March, 2017.
Sd/- Sd/-
(SUCHITRA KAMBLE) (R.S. SYAL)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated:23rd March, 2017.
ITA No.4308/Del/2015 3
dk
Copy forwarded to
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Dy. Registrar, ITAT, New Delhi