Commissioner of Income Tax vs Rungta Irrigation Ltd.

The Revenue is aggrieved by an order dated 29th April, 2005 passed by the income tax Appellate Tribunal, Delhi Bench ''G'' in IT Appeal No. l682 (Delhi) of 2001 relevant for the assessment year 1997-98. On 8th November, 2006, it was pointed out by learned counsel for the Respondent that in respect of the assessment year 1995-96, the dispute has been remanded to the file of the Assessing Officer. This submission was made in the light of the observation of the Tribunal in the impugned order that the Commissioner of income tax (Appeals) has merely followed the decision of the Tribunal in the case of the Assessee for the assessment year 1993-96.

No appeal has been filed against the order passed by the Tribunal in respect of the assessment year 1995-96 and the Revenue has accepted the order passed by the Tribunal. It appears that it was on this basis that learned counsel for the Assessee made the submission that the present appeal is without merit.

Even otherwise, we find that since the mailer has only been remanded to the file of the Assessing Officer, no substantial question of law arises.

In so far as Question No. 2 raised by the Revenue is concerned, it has already been recorded in the order dated 8th November, 2006 that that issue is covered. Under the circumstances, no substantial question of law arises.

Dismissed.