Quartz Commecial Pvt Ltd Vs ITO (Delhi High Court)
Delhi High Court dismissed the writ as no question of law arises since ITAT duly confirmed addition by treating share application money as sham transaction. Accordingly, writ disposed of.
Facts- The Assessee is aggrieved by the information received pursuant to application under Right to Information Act, 2015, whereby the Assessee became aware that the Assessing Officer (AO) had not resumed proceedings in respect of AY 2007-08. According to the Assessee, the AO was required to examine the Assessee’s books and decide afresh. The said assumption is premised on the basis that this court had remanded the matter to the AO by an order dated 9.02.2018 in ITA No.155/2018 captioned Quartz Commercial Private Limited v. Income Tax Officer in respect of AY 2007-08. The Revenue disputes that the matter was remanded to the AO in terms of the aforesaid order dated 09.02.2018. According to the Revenue the said order dismissed the Assesses appeal.
Conclusion- Held that it is apparent from the above that both, the learned CIT(A) and the learned ITAT had concurrently upheld the decision made by the AO. In view of these concurrent findings, this court had dismissed the Assessee’s appeal holding that no question of law arises. Since, the Assessee’s appeal against the impugned order dated 31.07.2017 passed by the learned ITAT was dismissed, the question of any further proceedings before the AO did not arise. The issue sought to be raised in this appeal stood concluded with the dismissal of the appellant’s appeal (in ITA No.155/2018 captioned Quartz Commercial Private Limited v. Income Tax Officer) by the order dated 9.02.2018 passed by this court.
