BRODWELD PVT. LTD. Vs. DEPUTY COMMISSIONER INCOME TAX

JUDGEMENT

(1.) These petitions arising in common back-ground have been heard together and are being finally disposed of by this common judgement. We may notice the facts as emerging from the record of Special Civil Application No. 17620 of 2017.

(2.) Assessee has filed these petitions challenging an order dated 27.03.2017 passed by the Income Tax Appellate Tribunal ['ITAT' for short] as well as the portion of an order dated 05.12.2008 passed by the said Tribunal which challenges arise in following background:

(3.) The petitioner was subjected to search operation which led to framing of block assessment for the assessment years 1996-97 to 2001-02 by the Assessing Officer which gave rise to the orders of assessment. The assessee appealed against orders of assessment before the CIT(Appeals) who gave substantial relief to the assessee in his order dated 10.03.2003. The Revenue thereupon filed different tax appeals before the Tribunal. We are concerned with tax appeals for the assessment years 1998-99 and 2000-2001. In all these years, the issue before the Assessing Officer and also before the CIT(Appeals) was of alleged suppression of the net profit. The Assessing Officer had made certain additions purportedly on the basis of seized material. CIT (Appeals) had deleted the additions for all assessment years. In the appeals that the Revenue filed before the Tribunal, however, this ground was taken in all years except in the assessment years 1998-99 and 2000-01. According to the Revenue, this was a pure inadvertent error.