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ITA 569/2015
PR.COMMISSIONER OFINCOME TAX - 2. Appellant
Through: Mr Kamal Sawhney, Senior Standing Counsel with Mr Raghvendra Singh, Junior
Standing Counsel and Ms Shikha Garg,Advocates
Through: Mr Sudesh Garg,Advocate
PR.COMMISSIONER OFINCOME TAX- 2. Appellant
PR.COMMISSIONER OFINCOME TAX - 2. Appellant
2015:DHC:11385-DB
Through; Mr Sudesh Garg,Advocate
HON'BLE MR.JUSTICE VIBHU BAKHRU
14.08.2015
1.Allowed,subjectto alljust exceptions.
2.The applications stand disposed of.
ORDER
3. These three appeals under Section 260-A of the Income Tax Act1961 ('Act') are directed against the common order dated 28th November 2014 passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 3089, 3088 and 3087/Del/2013 for Assessment Years(AYs)2006-07,2007-08 and 2008-09 respectively.
4. The question that arises in these appeals is whether the hard disc found in the premises of the searched entity i.e. GLOBAL HERITAGE VENTURE ITA 569/2015,570/2015& 571/2015 Page2of[3] ( S PVT. LTD belonged to the Assessee for the purposes of Section 153 C of the Act as it stood prior to its amendment with effectfrom 1stJune 2015?
5. The ITAT has found,and in the view ofthe this Court correctly,that that the Assessing Officer failed to record his satisfaction in that regard in terms ofthe law as explained by the Court in Pepsico India Holdings(P) Ltd. v. ACIT [2015]370ITR 295(Del).
6. This Court has by order dated8^July,2015 dismissed the Revenue's Appeal ITA No.373/2015(PR.
COMMISSIONER OFINCOME TAX(CENTRAL)- IV.GLOBALHERITAGE VENTURELTD.)and bythe order dated 20^July, 2015 dismissed the Revenue's appeals ITA 406-409/2015 (PR.
7. Accordingly these appeals are dismissed.
S.MURALIDHAR,J VIBHU BAKHRU,J AUGUST 14,2015 pkv