The Commissioner Of Income Tax-Ii v. Morgan Securities & Credits Pvt. Ltdrespondentthrough:mr Simranmehta And Mr Prabhatkalia,Advocates

$" IN THE HIGH COURT OF DELHI AT NEW DELHI 15. +ITA 589/2014 THE COMMISSIONER OF INCOME TAX-II Appellant Through: Mr Rohit Madan, Senior StandingCounsel with Mr Zoheb Hossain, Advocate. versus MORGAN SECURITIES & CREDITS PVT. LTDRespondentThrough:Mr SimranMehta and Mr PrabhatKalia,Advocates. AND + ITA 590/2014 THE COMMISSIONEROF INCOME TAXDELHI-II AppellantThrough: MrRohit Madan,Senior StandingCounsel with Mr Zoheb Hossain, Advocate. versus MORGAN SECURITIES & CREDITS PVT. LTD.RespondentThrough: Mr Parag P. Tripathi, Senior Advocatewith Mr SimranMehtaand Mr PrabhatKalia,Advocate. ITA 589/2014 & 590/2014 Page I of3 Signature Not Verified CORAM:HON'BLE DR. JUSTICE S.MURALIDHARHON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER15.09.2015 CM No.14990/2014in ITA 590/2014 1. For the reasons stated in the appHcation, the delay of 200 days in re-fiHngthe appeal is condoned. 2. The application stands disposed of. ITA 589/2014ITA 590/2014 3. These are appeals filed by the Revenue against the order dated 31®^January, 2014 passed by the Income Tax Appellate Tribunal ('ITAT') inITA No.5527/Del/2010for Assessment Year ('AY') 2006-07 and againstthe order dated 29^^ February, 2012 passed by the ITAT in ITANo.l402/Del/2011for AY 2007-08. 4. The common question that is urged in both appeals by the Revenue iswhether Rule 8D of the Income Tax Rules, 1962 is prospective?The saidquestion stands answered against the Revenue and in favour of the Assessee ITA 589/2014 & 590/2014 Page 2 of3 by the decisionof this CourtinMaxoppInvestmentLtd. v. CommissionerofIncome Tax, (2012)347ITR 272 (Del). 5. Consequently,no substantialquestionoflaw arisesintheseappeals. 6. The appeals are dismissed. S.MURALIDHAR,J SEPTEMBER 15,2015 MK VIBHU BAKHRU, J ITA 589/2014 & 590/2014 Page 3 of3