The Pr. Commissioner Of Income Tax(Central-1 v. M/S Ascot Investment
High Court
08 Dec 2017 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
The Pr. Commissioner Of Income Tax(Central-1 v. M/S Ascot Investment
Date of order
08 Dec 2017
Assessment year(s)
2008-09, 2010-11
Outcome
Dismissed
Case summary
In The Pr. Commissioner Of Income Tax(Central-1 v. M/S Ascot Investment, the High Court (2017) dismissed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
$~14
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ITA 1123/2017
THE PR. COMMISSIONER OF INCOME TAX(CENTRAL-1)
..... Appellant
Through:Mr. Ruchir Bhatia, Adv.
versus
M/S ASCOT INVESTMENT
..... Respondent
Through:Mr. Ved Jain, Ms. Rano Jain, Mr.Pranjal Srivastava and Ms. DevinaSharma, Advs.
CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE SANJEEV SACHDEVAO R D E R%08.12.2017
The Revenue is aggrieved by the order dated 05.05.2016 passedby the ITAT. It is pointed out that this order – like in ITA No.1122/2017 pertains to AY 2008-09. This aspect was clarified in asubsequent order dated 03.03.2016. It is pointed out and this Courtnotices that the common order of the ITAT inadvertently adjudicatedthe appeals for AY 2010-11 without noticing that for the saidassessment year, the assessee’s appeals was dismissed by the orderdated 03.03.2016. This was later clarified by the ITAT’s order madein MA No. 155/2016 in ITA 384/2013 on 18.10.2016.
In above view of the matter, the relief granted in AY 2010-11was inadvertent to that extent, for AY 2010-11, the matter was
adjudicated in the previous order dated 03.03.2016, therefore, thediscussion in the impugned order dated 05.05.2017 was unnecessaryand therefore, it is of no consequence.
The ITA No. 1123/2017 is therefore disposed of in the above
terms.
S. RAVINDRA BHAT, J
DECEMBER 08, 2017‘rs’
SANJEEV SACHDEVA, J
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