The Commissioner Of Income Tax, Hisar v. Sh. Shiv Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M No.2312 CII of 2008 and I.T.A No. 87 of 2008 Date of decision : October 03, 2008 The Commissioner of Income Tax, Hisar v. Sh. Shiv Kumar, ...... Appellant. ..... Respondent. CORAM : HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY TEWARI *** Present :Mr.Sanjeev Kaushik, Advocate for the appellant. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J C.M.No.2312 CII of 2008 For the reasons stated in the application, delay of 61 days inrefiling the appeal is condoned. C.M stands disposed of.ITA No.87 of 2008 The revenue has filed this appeal against the order dated12.1.2007, passed by the Income Tax Appellate Tribunal Delhi Bench,proposing the following substantial questions of law :- “ 1. Whether on the facts and in the circumstances of thecase, the learned ITAT is right in admitting and I.T.A No. 87 of 2008 (O&M) ::2:: adjudicating the additional ground of appeal when therelevant issue was not raised by the assessee before theCIT (A) ? 2. Whether ITAT is right in adopting the mercantilesystem of accounting at the appellate stage by makingreliance on the order of the Apex Court, even though theassessee has voluntarily offered his income by adoptingcash system of accounting during the assessmentproceedings and that was assessed as such ? Before us, counsel for the revenue has not pressed the secondquestion. With regard to the first question, counsel for the revenue hasfairly conceded that the appeal is squarely covered against the revenue bythe decision of the Hon'ble Supreme Court in National Thermal Power Co.Ltdv. Commissioner of Income-Tax, 229 ITR 383. In this view of the matter, we decide question No.1 against therevenue. The appeal is dismissed. ( AJAY TEWARI ) JUDGE October 03, 2008'kk' ( ADARSH KUMAR GOEL ) JUDGE