Full Text
ITA 220/2013
COMMISSIONER OF INCOME TAX DELHI, CENTRAL -H• Appellant
Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate.
Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates.
Advocate.
Through: Mr. Salil Kapoor with
CENTRAL -H Appellant ITANos. 220,222,230,247,248 and 249 of2013
2015:DHC:11017-DB V)^ Advocate.
. COMMISSIONER OF INCOME TAX DELHI, CENTRAL -II Appellant
Advocate.
A CENTRAL-11 Appellant
Through: Ms. SuruchiAggarwal, Advocate.
CENTRAL-II Appellant counsel and Mr. AbhishekSharma, Advocate.
HON'BLE MR. JUSTICE RAJIV SHAKDHER
28.07.2015
ORDER
1. It is not in dispute that in relation to the earlier Assessment Year ('AY') 2004-05 the appeals filed by the Revenue, ITA Nos. 212 and 221 of 2013 (CIT-IIV. Navbharat Export) have been dismissed by the Court by its order dated 5^ May 2015. The Court has upheld the finding ofthe ITAT that the Assessing Officer ought not to have rejected the book results only on the ground that excess stock was declared during the course of search of the Assessee. The Court affirmed the view of the ITAT, which was "entirely based on fact", that the Commissioner of Income Tax (Appeals) erred in upholding the rejection of the book results. ITANos. 220,222,230,247,248and 249 of2013 Page[3] of 4
2. These appeals which involve the same questions and which pertain to AYs 2003-04 and 2004-05 (for the period 1®^ April 2003 to 31®' March
2004) stand covered by the said order dated 5"" May 2015.
3. The appeals are dismissed.
S. MURALIDHAR, J
RAJIV SHAKDHErTT