2013 (2) TMI 22

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....e and it is directed against the order passed by the Income Tax Appellate Tribunal („Tribunal‟ for short) on 22nd June, 2012 in ITA(SS) No.61/Del/2009. The Revenue seeks admission of the appeal on the following questions of law stated to be substantial questions of law:- "I. Whether the ITAT has not erred in law in case of the respondent for deleting the addition of Rs.26,27,610/- f....

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....ad claimed before the AO that the above business was transferred to his wife Mrs.Pallavi Sood after 1994 and thereafter the business was being run by her and, therefore, the entire income from that business should be assessed in her hands. In support of the claim an affidavit from the assessee‟s wife was filed before the AO. The affidavit was however rejected as an afterthought; it was noted....

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....Revenue carried the matter in appeal before the Tribunal. The Tribunal after hearing the rival contentions and after taking note of the facts confirmed the decision of the CIT (Appeals), observing as follows:- "We have considered the facts of the case. We find that identical additions were made for three years in the case of the wife and the assessee. The appeal in the case of wife was disposed....

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....cluded in the hands of the assessee. Following the rule of consistency, it is held that Ld. CIT(A) was right in deleting the addition, representing income from aforesaid concern, from the assessment of the assessee." 5. It will be appreciated from the above that the Revenue had accepted the order of the CIT (Appeals) in which she was held to be the owner of M/s Trans World International from th....