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TMI Blog2012 (9) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... en in all three appeals read as under:- ITA No.2049/D/2010 "1. That the ld. CIT(A) erred in confirming an addition of Rs.14,96,996/- on account of commission income. 2. That the ld. CIT(A) erred in confirming an addition of Rs. 62,345/- being advance from Pittie Cement India Ltd." ITA No.2050/D/2010 "1. That the ld. CIT(A) erred in confirming an addition of Rs.6,27,259/- on account of commission income. 2. That the ld. CIT(A) erred in confirming the addition of Rs.55,012/- as other income disclosed in return. 3. That the ld. CIT(A) has erred in confirming an addition of Rs.36,21,057/- on accouont of sundry creditors." ITA No. 5436/D/2011 "1. That the order of the ld. CIT(A) is bad in law and on the facts of the case. 2. That the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer. For A.Y. 1997-98, the ld. CIT(A) confirmed the additions on account of commission income, income disclosed in return and sundry creditors and again for A.Y. 1998-99. The CIT(A) confirmed the additions on account of difference in Gross Profits on the basis of comparison in the G.P. rate of the company, disallowance of expenses debited to profit and loss account and on account of shareholders fund. 4. The AR submitted that the assessee has also taken factual ground nos. 3 and 4 in the AY 1998-99 because an application No.7/21/259/1 of the assessee before Settlement Commission is pending. Therefore, grounds raised by the assessee-appellant can not be adjudicated prior to the decision of Settlement Commission. The AR also submitted the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns in order dated 1.6.2007 in IT(SS)A No. 381/Del/2003. With these observations, ground nos. 1 to 5 in the appeal are disposed of." 5. We also observe that in the last part of para 2 of the said judgment, the ITAT Bench also took note of judgment of ITAT Delhi in the case of ACIT vs M/s Hemkund Metals Pvt. Ltd. in IT(SS)A No. 381/Del/2003 and relevant para is also being reproduced as under:- "On further appeal by the Revenue, the ITAT vide their order dated 1st June, 2007 in IT(SS) no.381/D/2003 restored the matter back to the file of the Assessing officer (Assessing Officer in short) with the following directions:- "We have considered rival submissions. From the order of Settlement Commission in the case of Suresh Kumar Gupta dated 11.6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined, the same can be assessed in the hands of assessee herein. Accordingly, the matter is restored to the file of the Assessing Officer. It is also made clear that the assessee shall furnish copy of final order of Settlement Commission passed u/s 245D(4) and also demonstrate that the source of the fixed deposit is assessed to tax in the case of Shri Suresh Gupta so as to claim relief in the hands of assessee herein as otherwise the same is liable to be taxed." 6. On careful reading of above judgment of ITAT Delhi "C" Bench, we observe that the case of Mr. Suresh Gupta, Director of M/s Hemkund Metals Pvt. Ltd., present assessee company M/s Nishant Steels Pvt. Ltd. and other companies had filed an application before Settlement Commission. B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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