2023 (4) TMI 1265

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..... e assessee company has not been held to be the right assessee wherein, the substantive additions were supposed to be made by any of the authorities viz. CIT(A), co-ordinate bench ITAT, Hon ble High Court, we hereby affirm the order of the CIT(A) Since, the appeal of the Revenue is dismissed on the core issue of taxability of the amount on the protective basis, any adjudication of the technical issues raised by the assessee under Rule 27 of ITAT Rules, 1963 becomes academic in nature.
SMT DIVA SINGH, JUDICIAL MEMBER AND DR. B. R. R. KUMAR, ACCOUNTANT MEMBER For the Assessee : Sh. Salil Aggarwal, Adv., Sh. Shailesh Gupta, CA, Sh. Madhur Aggarwal, Adv. For the Revenue : Sh. T. James Singson, CIT DR ORDER PER DR. B. R. R. KUMAR, ACCOUNTA .....

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..... g are reproduced as under:- "BEFORE THE HON'BLE MEMBERS INCOME TAX APPELLATE TRIBUNAL B-BENCH, NEW DELHI In the case of : Electrical & Electronics India Pvt. Ltd. Appeal No. : 769, 770 & 771/DEL/2018 Asstt. Year : 2010-11, 2011-12 & 2012-13 Date of hearing :10/04/2023 MAY IT PLEASE YOUR HONOURS Sub: Brief written Submission in the above case for 3 A.YS. - reg. It is to submit that, as requested the case has been briefly adjourned from 05/04/23 to 10/04/2023 for the above mentioned three A.Ys, Brief written submission is hereby made on the following issues as under. 1) Deletion of the protective basis addition by Ld CIT(A) simply following appeal order in other JP Minda group companies. 2) As directed by Hon'ble B .....

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..... of repetition it is also submitted that, if in case the substantive basis addition is deleted the protective basis assessment comes alive." 7. The ld. AR submitted that the ld CIT(A) has deleted the addition based on the adjudication by the ld CIT(A) in the case of Jay FE Cylinders Ltd vide Appeal No. 59/2016-17 dated 16.08.2017 wherein, the substantive addition was deleted. Further, the deletion of the substantive addition by the ld CIT(A) has been confirmed by the co-ordinate bench of ITAT and the Hon'ble Jurisdictional High Court. 8. The ld. DR did not dispute the fact of the fate of substantive addition. 9. Since, the substantive additions have been deleted on merits and no observation has been given that the substantive additions w .....

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