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B.D. Gupta & Sons, 26, School Lane, Bangali Market, New Delhi. Vs. ITO, Ward-31(2), New Delhi.
August, 03rd 2015
        IN THE INCOME TAX APPELLATE TRIBUNAL
            DELHI BENCH : SMC-I : NEW DELHI

     BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER
                    ITA Nos.5637 to 5643/Del/2014
            Assessment Years : 1993-94 to 1998-99 & 2001-02

B.D. Gupta & Sons,                 Vs. ITO,
26, School Lane,                       Ward-31(2),
Bangali Market,                        New Delhi.
New Delhi.

PAN : AADHB5998K

     (Appellant)                             (Respondent)


           Assessee by   : Shri M.P. Rastogi, Advocate &
                           Ms Lalitha Krishnamurthy, CA
           Department by: Shri Om Prakash Meena, Sr.DR

                 Date of Hearing             : 30.07.2015
                 Date of Pronouncement       : 31.07.2015

                                  ORDER

     These appeals filed by the assessee relate to Assessment Years 1993-

94 to 1998-99 & 2001-02. The assessee in all these appeals is aggrieved

against the inclusion of business income and interest income in its hands.
                                                          ITA Nos.5637 to 5643/Del/2014   2







2.   These appeals were heard along with the appeal for the A.Y. 1992-93.

In fact, both the sides simply argued for the A.Y. 1992-93 and then adopted

their respective arguments for the years under consideration. I have passed

a separate order in ITA No.5636/Del/2014 for the assessment year 1992-93

directing that business and interest income be excluded from the total

income of the assessee HUF and, simultaneously, directions have been

given to the AO for taxing the income from the estate of Shri B.D. Gupta

in terms of section 168 of the Act. Both the sides are in agreement that the

facts and circumstances of these appeals are similar to those of assessment

year 1992-93. Following my separate order passed for AY 1992-93, the

business and interest income are directed to be excluded from the total

income of the assessee HUF and AO is directed to tax income from the

estate of the deceased as per section 168 of the Act.







3.     In the result, all the appeals are disposed of in above terms.

       The decision was pronounced in the open court on 31st July, 2015.



                                                         Sd/-
                                                    (R.S. SYAL)
                                                ACCOUNTANT MEMBER
Dated: 31st July, 2015.
                               ITA Nos.5637 to 5643/Del/2014   3


dk


Copy forwarded to

1.   Appellant
2.   Respondent
3.   CIT
4.   CIT(A)
5.   DR
                    Dy. Registrar, ITAT, New Delhi

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