The Commissioner Of Income Tax Ii, Ludhiana v. M/S Munjal Sales Corporation, Ludhiana

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA No.652 of 2008 Date of decision: 9.12.2008 The Commissioner of Income Tax II, Ludhiana Vs. -----Appellant M/s Munjal Sales Corporation, Ludhiana --Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOELHON'BLE MR JUSTICE L.N.MITTAL Present: Mr. Rajesh Sethi, Sr.Standing Counsel for the revenue. Adarsh Kumar Goel,J. 1.The revenue has preferred this appeal under section260A of the Income Tax Act, 1961 (in short, ‘the Act’) against theorder of the Income Tax Appellate Tribunal, Chandigarh Bench‘B’, Chandigarh passed in ITA No.557/Chandi/2007 dated22.11.2007, in respect of assessment year 2001-02, proposing toraise following substantial question of law:- “Whether both on the facts and in law, the ITATwas legally justified in deleting the addition madeby the Assessing Officer in response to order passedby the Commissioner of Income Tax (C ), Ludhiana under section 263 of the Income Tax Act,1961?” 2.The Commissioner set aside assessment, exercising its powers under section 263 of the Act. The said order of theCommissioner was set aside by the Tribunal on 28.2.2007. As aconsequence of the above, fresh assessment made by the AssessingOfficer has been set aside. 3.It is not disputed that the earlier order of the Tribunaldated 28.2.2007 was affirmed by this Court vide order dated13.12.2007 in ITA No.395 of 2007. 4.In view of above, we are unable to hold that anysubstantial question of law arises. 5.Accordingly, the appeal is dismissed. (Adarsh Kumar Goel)Judge December 9, 2008‘gs’ (L.N.Mittal)Judge