CIT Vs. ARVINDER SINGH AND ORS.

JUDGEMENT

(1.) CM No. 13614/2010 (for condonation of delay in filing the appeal) & CM No. 13616/2012 (for condonation of delay in re-filing the appeal) in ITA No. 453/2012 CM No. 14085/2012 (for condonation of delay in filing the appeal) in ITA No. 464/2012 These are three applications seeking condonation of the delay in filing and re-filing two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 ("Act") challenging the common impugned order dated 5th April 2007 passed by the Income Tax Appellate Tribunal ("ITAT") in I.T(SS).A.No.352/Del/1997 and I.T(SS).A.No.104/Del/1997 relating to the block period 1st April 1986 to 6th November 1996.

(2.) The background facts are that Elegant Travels Private Limited ("ETPL") was incorporated on 17th January 1987. It had three Directors of which one was Mr. Arvinder Singh, the Respondent in ITA No. 453/2012. It is stated that ETPL is engaged in the business of travel agents, tour operators and ticketing etc. and had the agency of Indian Airlines and Vayudoot. The ticketing business is stated to have been closed in 1990 consequent upon a change in the policy.

(3.) Search and seizure operations were carried out under Section 132 of the Act on Mr. Buta Singh, the father of Mr. Arvinder Singh, and Group. Notice was issued under Section 158BD of the Act requiring ETPL as well as Mr. Arvinder Singh to file their respective returns of income. Another similar notice was issued under Section 142(1) of the Act. After the Assessees filed their written submissions, fresh notices were issued to them under Section 143(2) of the Act.