TMI Blog2007 (8) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted by it - 264 of 2007 - - - Dated:- 2-8-2007 - M. M. KUMAR and AJAY KUMAR MITTAL JJ. Yogesh Putney for the appellant. JUDGMENT The judgment of the court was delivered by M. M. Kumar J.- The Revenue has filed the instant appeal under section 260A of the Income-tax Act, 1961 (for brevity "the Act"), challenging the order dated August 18, 2006, passed by the Income-tax Appellate Tribunal, "C" Bench, New Delhi (for brevity "he ITAT"), in ITA No. 3084/ Delhi/2003 in respect of the assessment year 1994-95. 2. On the basis of the order passed by the Commissioner under section 263 in respect of the assessment year 1996-97, the Assessing Officer did not accept the claim made by the assessee-respondent holding that the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s order under section 263 for the assessment year 1996-97 that the assessment year 1986-87 was the first year of production. But the said finding of the Commissioner of Income-tax was not upheld by the Tribunal (supra). The Tribunal in paragraph 19 of its order noted that the Assessing Officer in the assessment for the assessment year 1986-87 had observed that the assessee only commenced trial production in the assessment year 1986-87 and the commercial production had not started in that year. The Assessing Officer also noted in the sale had been set off against the expenditure incurred during the period of test runs and had been transferred to projects and pre-operative expenses. The returned income was declared nil which was accepted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e industrial undertaking started manufacturing and for each of the seven assessment years immediately succeeding the initial assessment year in contravention of the provisions of section 80-I(5) of the Act." 4. We have heard learned counsel at some length and find that no substantial question of law would emerge for determination of this court because once an order under section 263 passed by the Commissioner in favour of the Revenue has been reversed by the Tribunal then the Revenue cannot claim that in respect of the same year different numbers, of years are required to be counted for the purposes of granting benefit of section 80-I of the Act. The principle of consistency as laid down by the hon'ble Supreme Court in the case of Radh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
