The Commissioner Of Income Tax, Faridabad v. M/S Bhagwan Ram Trust, 526/16,Civil Lines, Gurgaon

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH. ITA No.248 of 2005 Date of Decision: 02.07.2013 The Commissioner of Income Tax, Faridabad ....Appellant Versus M/s Bhagwan Ram Trust, 526/16,Civil Lines, Gurgaon ....Respondent ITA No.257 of 2005 The Commissioner of Income Tax, Faridabad ....Appellant Versus Smt. Neelam Gupta, 526/16,Civil Lines, Gurgaon ....Respondent CORAM :- HON'BLE MR. JUSTICE RAJIVE BHALLAHON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON Present:-Mr. Tajender K. Joshi, Advocatefor the appellant. Mr. Pankaj Jain, Advocateand Mr. Devinder Goel, Advocatefor the respondent. ***** RAJIVE BHALLA, J. (ORAL) By way of this Order, we shall dispose of ITA No.248 of 2005 and ITA No.257 of 2005 as they involve adjudication of a similar questionof law. For the sake of convenience, facts are being taken from Income Tax Appeal No.248 of 2005. The revenue challenges order dated 15.10.2004 passed bythe Income Tax Appellate Tribunal, Delhi Bench, Delhi. Learned counsel for the parties agree that the controversy inthe present case is squarely covered in favour of the revenue and againstthe respondent by judgment of a Division Bench of this Court in Income Tax Appeal No.392 of 2005 titled as The Commissioner of Income Tax,Faridabad vs Sh. Kamal Gupta, decided on 20.01.2011. In view of agreement between the parties, the appeal isallowed, order dated 15.10.2004 passed by the Income Tax AppellateTribunal, Delhi Bench, Delhi is set aside and the order passed in appeal aswell as the assessment order, are restored. (RAJIVE BHALLA) JUDGE 02.07.2013 gurpreet (DR. BHARAT BHUSHAN PARSOON) JUDGE