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$-6&7 ' . - .
HIGH COURT OF DELHI
ITA 763/2016,CM APPL.40572/2016 .
PR. COMMISSIONER OFLNCOME TAX(CENTRAL)-3 ...;i Appellant
Through: Mr. Prashant Meharchandani, Adv. on behalf of Mr. Zoheb Hossain, Sr.
Standing Counsel.
$-6&7 ' . - .
HIGH COURT OF DELHI
ITA 763/2016,CM APPL.40572/2016 .
PR. COMMISSIONER OFLNCOME TAX(CENTRAL)-3 ...;i Appellant
Through: Mr. Prashant Meharchandani, Adv. on behalf of Mr. Zoheb Hossain, Sr.
Standing Counsel.
VERSUS
DMA INVESTMENT PVT.LTD. Respondent
Through: Mr.Rohit Kumar Gupta,Adv.
Through: Mr.Rohit Kumar Gupta,Adv.
ITA764/2016,CM APPL.40573/2016 \ -
PR.COMMISSIONER OFLNCOME " TAX(CENTRAL)-3 .....Appellant
Throiigh: Mr. Prashant Meharchandani, Adv. on behalf,of Mr. Zoheb Hossain, Sr.
Standing Counsel. . ^
PR.COMMISSIONER OFLNCOME " TAX(CENTRAL)-3 .....Appellant
Throiigh: Mr. Prashant Meharchandani, Adv. on behalf,of Mr. Zoheb Hossain, Sr.
Standing Counsel. . ^
VERSUS
, DMA INVESTMENT PVT.LTD .....Respondent
Through: Mr.Rohit Kumar Gupta,Adv.
Through: Mr.Rohit Kumar Gupta,Adv.
CORAM:
HON'BLE MR.JUSTICE S.RAVINDRA BHAT
HON'BLE MR.JUSTICE NAJMI WAZIRI OR DER 21.11.2016
At the outset, it is mentioned that the learned Senior Standing
Counsel Mr. Zoheb Hossain is not present today on account of bereavement in thefamily. '
The Revenue's appeals for the previous years, i.e., for the AYs
2016:DHC:8400 2006-07 and 2009-2010 on identical facts were the subject matter of appeals in ITA No.767/2016 and 768/2016.
This Court had rejected those appeals on the ground that the absence of any incriminating material during the course of search under Section 132 ofthe Income Tax Act renders the additions suspect and illegal.
Since these two years which are subject matter of the present appeals are part ofthe same block years i.e. 2007-2008 and 2008-2009, the present appeals too have to fail and are accordingly dismissed.
S.RAVINDRA BHAT,J NOVEMBER 21,2016/acm NAJMI WAZIRI,J
2016:DHC:8400
HON'BLE MR.JUSTICE NAJMI WAZIRI OR DER 21.11.2016
At the outset, it is mentioned that the learned Senior Standing
Counsel Mr. Zoheb Hossain is not present today on account of bereavement in thefamily. '
The Revenue's appeals for the previous years, i.e., for the AYs
2016:DHC:8400 2006-07 and 2009-2010 on identical facts were the subject matter of appeals in ITA No.767/2016 and 768/2016.
This Court had rejected those appeals on the ground that the absence of any incriminating material during the course of search under Section 132 ofthe Income Tax Act renders the additions suspect and illegal.
Since these two years which are subject matter of the present appeals are part ofthe same block years i.e. 2007-2008 and 2008-2009, the present appeals too have to fail and are accordingly dismissed.
S.RAVINDRA BHAT,J NOVEMBER 21,2016/acm NAJMI WAZIRI,J
2016:DHC:8400
JUDGMENT