Income Tax, Karnal v. In View Of The Statements Made By Counsel For The Parties

Income Tax Appeal No.357 of 2006(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH C.M.No.17262-CII of 2013 and Income Tax Appeal No.357 of 2006 Date of Order: 27.08.2013 Commissioner of Income Tax, Karnal ...AppellantVersus Deep Chand, Purewal Colony, PanipatHaryana. ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON Present: Mr. Pankaj Jain, Advocatefor the applicant-respondent Mr. Yogesh Putney, Advocate,for the non-applicant-appellant. RAJIVE BHALLA, J (Oral) Prayer in this application, filed by the respondent, is fordeciding the appeal in favour of the revenue as the substantialquestion of law arising for consideration has already been answeredin favour of the revenue in ITA No.256 of 2005(Commissioner of Income Tax, Karnalv. Smt. Mamta Rani),which in turn wasdecided on the basis of judgment in ITA No.255 of 2005(Commissioner of Income Taxv. Smt. Kamlesh Rani),bothdecided on 04.07.2013. Counsel for the respondent, fairly concedes that thecontroversy in the present petition is covered in favour of the revenueand against the assessee. In view of the statements made by counsel for the parties, Income Tax Appeal No.357 of 2006(O&M) -2- we take the appeal on Board and answer the question of law infavour of the revenue, in terms of order dated 04.07.2013, passed inITA No.255 of 2005 (Commissioner of Income Taxv. Smt.Kamlesh Rani)and ITA No.256 of 2005(Commissioner of IncomeTax, Karnalv. Smt. Mamta Rani). As a consequence, the appeal is allowed and order dated22.09.2005, passed by the Income tax Appellate Tribunal DelhiBench 'SMC' New Delhi, is set aside. (RAJIVE BHALLA) JUDGE August 27, 2013nt (DR. BHARAT BHUSHAN PARSOON) JUDGE