Commissioner of Income Tax-VIII Central Revenue Building v. Anupam Sweets

Delhi High Court · 08 Feb 2010 · 2010:DHC:721-DB
Badar Durrez Ahmed; Siddharth Mridul
ITA 216/2009
2010:DHC:721-DB
tax appeal_dismissed

AI Summary

The Delhi High Court dismissed the Revenue's appeal as the Assessing Officer having jurisdiction did not record the mandatory satisfaction under Section 158BD of the Income Tax Act, 1961, invalidating the assessment proceedings.

Full Text
Translation output
ITA 216/2009
HIGH COURT OF DELHI
JUDGMENT
delivered on: 08th February, 2010
ITA 216/2009
COMMISSIONER OF INCOME TAX-VIII CENTRAL REVENUE BUILDING
NEW DELHI ..... Appellant - versus - ANUPAM SWEETS
HS-11, KAILASH COLONY NEW DELHI ..... Respondent
Advocates who appeared in this case:
For the Appellant : Ms Rashmi Chopra For the Respondent : Mr S.R. Wadhwa
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest?. SIDDHARTH MRIDUL, J

1. The appeal of the Revenue, being ITA No.220 of 2009, directed against the common order of the Income Tax Appellate Tribunal dated the 31st January, 2008 in IT (SS) A No.185/DEL/2006, whereby the Tribunal 2010:DHC:721-DB ITA 216/2009 had dismissed the said appeal of the Revenue by holding that no satisfaction under Section 158 BD of the Income Tax Act, 1961 was recorded by the Assessing Officer having jurisdiction over the searched person, has already been dismissed by us by a separate order of even date.

2. Thus, the present appeal of the Revenue, on the merits of the addition does not survive in view thereof, and is consequently dismissed.

SIDDHARTH MRIDUL, J BADAR DURREZ AHMED, J FEBRUARY 08, 2010 dn