ITA No.490 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.490 of 2010 (O & M) Date of decision: 09.11.2011 The Commissioner of Income Tax, Faridabad ….Appellant Vs. M/s Escorts Employees Ancillaries Ltd., (now known as ECO Auto Components Ltd.) 20/4, Mathura Road, Faridabad ….Respondent CORAM: HON’BLE MR.JUSTICE HEMANT GUPTA HON’BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.Tejinder K.Joshi, Advocate, for the appellant, Mr.Sanjay Bansal, Sr.Advocate with Mr.Robin Daryal, Advocate, for the respondent. ***** HEMANT GUPTA J. (ORAL) The Revenue has claimed the following substantial questions of law arising out the order dated 25.09.2009d passed by the Income Tax Appellate Tribunal, Delhi Bench ‘B’ New Delhi in ITA No.1771/Del/2008 for the Asstt. Year 2000-01. “ I. Whether, on the facts and in the circumstances of the case, the Ld. ITAT was right in law in upholding the order of the Ld. CIT (A) in holding the initiation of reassessment proceedings invalid even though the income had escaped the assessment and the original assessment order resulted into under assessment and is contrary to the decision of the Hon’ble Delhi High Court in the case of New Light Trading Co. vs CIT 256 ITR 391 (Del.) and Hon’ble Gujrat High Court in the case of ITA No.490 of 2010 2 CIT vs PVS Beedies (P) Ltd. Vs ACIT 236 ITR 832 (Guj.)? II. Whether on the facts and in the circumstances of the case, the Ld. ITAT was right in law in not adjudicating the addition deleted by the Ld. CIT (A) in holding that they are academic and the same in dismissed and not confirming the order of the Assessing Officer ?” Learned counsel for the respondent states that said questions of law were also questions of law raised in the case of Dullichand Singhania v. Assistant Commissioner of Income Tax (2004) 269 ITR 192 (Punjab & Haryana) and vide order dated 20.12.2003, such questions of law have been answered against the Revenue. Keeping in view the said fact, the present appeal is dismissed. (HEMANT GUPTA) JUDGE (G.S.SANDHAWALIA) 09.11.2011 JUDGE sailesh