M/S Denso India Ltd v. Commissioner Of Income Tax Delhi-Viii

$~R-77 & 102 *IN THE HIGH COURT OF DELHI AT NEW DELHI77+ITA 384/2005 M/S DENSO INDIA LTD..... AppellantThrough:Mr. Puneet Rai, Standing Counselfor Revenue Versus COMMISSIONER OF INCOME TAX DELHI-VIII .... RespondentThrough:None AND R-102 +ITA 483/2005 COMMISSIONER OF INCOME TAX DELHI-VIII..... AppellantThrough:Mr. Puneet Rai, Standing Counselfor Revenue Versus M/SK. & COMPANY..... Respondent Through:None CORAM:JUSTICE S.MURALIDHARJUSTICE PRATHIBA M. SINGH O R D E R23.08.2017 % 1. ITA No.384/2005 is an appeal by the Revenue against the order dated20[th]August, 2004 passed by the Income Tax Appellate Tribunal (‘ITAT’) inITA No.4576/Del/2000 for the Assessment Year (‘AY’) 1997-98. ITANo.483/2005 is an appeal by the Revenue against the order dated 4[th]January, 2005 passed by the ITAT in ITA No.1250/Del/2002 for AY 1998-99. 2. While admitting ITA No.384/2005 on 11[th]July 2005, the Court framedthe following question of law for consideration: “Whether the Appellate Tribunal was right in law inholding that the changed method adopted by the assesseedid not give a distorted picture of the business for thepurposes of computing the taxable income of the assesseeand was acceptable?” 3.While admitting ITA No.483/2005 by order dated 26[th]July 2005, thefollowing question of law was framed for consideration: “Whether on the facts and in the circumstances of thecase the Appellate Tribunal was right in law in directingthe A.O. to re-compute the assessee’s income byadopting the changed method of accounting?” 4.An identical question in the Assessee's own case has been decided infavour of the Revenue and against the Assessee by this Court by itsjudgment dated 25[th]August, 2015 in ITA No.208/2003 and 29[th]October,2015 in ITA No.344/2003 for AY 1991-92 and 1995-96 respectively.Consequently, both the questions framed herein above by the Court areanswered in the negative, i.e. in favour of the Revenue and against theAssessee. 5. The appeals are accordingly allowed. S. MURALIDHAR, J. AUGUST 23, 2017pk PRATHIBA M. SINGH, J.