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Pr. Commissioner Of Income Tax-Delhi-Xxi v. Subhash Sharma

High Court 03 Aug 2016 In favour of: Revenue
Forum / Bench
High Court · dhcdb
Parties
Pr. Commissioner Of Income Tax-Delhi-Xxi v. Subhash Sharma
Date of order
03 Aug 2016
Assessment year(s)
2007-08
Outcome
Allowed

Case summary

In Pr. Commissioner Of Income Tax-Delhi-Xxi v. Subhash Sharma, the High Court (2016) allowed the appeal. The decision went in favour of the Revenue.

Issue: The question urged by the Revenue is whether the ITAT was justified in holding that no addition could be made under Section 68 of the Income Tax Act, 1961 on the basis of retracted statement of the Assessee without any corroborative evidence.

Decision: The appeal is, accordingly, dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

The order — as passed by the High Court

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 519/2016 PR. COMMISSIONER OF INCOME TAX-DELHI-XXI ..... Appellant Through: Mr. P. Roy Chaudhuri, Sr. Standing Counsel. versus SUBHASH SHARMA Through CORAM:JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI O R D E R% 03.08.2016 ..... Respondent CM No. 27709/2016 (Exemption) 1. Allowed subject to all just exceptions. -CM No. 27711/2016 (condonation of delay in refiling) & 27710/2016(condonation of delay in filing) 2. For the reasons given in the applications the delay in filing and re-filing of the appeal is condoned. 3. The applications are allowed. ITA No. 519/2016 4. This appeal by the Revenue is directed against the order dated 14[th]October, 2015 passed in the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 1573/Del/2012 relating to the Assessment Year 2007-08. 5. The question urged by the Revenue is whether the ITAT was justified in holding that no addition could be made under Section 68 of the Income Tax Act, 1961 on the basis of retracted statement of the Assessee without any corroborative evidence. 6. Having perused the impugned order of the ITAT, which correctly analyses the facts and the legal position as explained in the decisions discussed in the impugned order, the Court is satisfied that no substantial question of law arises for consideration. The appeal is, accordingly, dismissed. S.MURALIDHAR, J AUGUST 03, 2016/kk NAJMI WAZIRI, J
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