WHIRLPOOL OF INDIA LTD vs. NATIONAL FACELESS ASSESSMENT CENTRE

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ITA - 8 / 2023HC Delhi10 January 20232 pages
For Petitioner: KAVITA JHA
AI SummaryPartly Allowed

What did the High Court hold?

The High Court condoned the delay and admitted the appeal for hearing. A specific question of law regarding the admissibility of trading loss due to stock destruction was framed.

What were the facts?

The appellant sought condonation of a one-day delay in filing an appeal. The revenue did not oppose the delay condonation.

What were the issues?

Whether the Income Tax Appellate Tribunal erred in not allowing a trading loss incurred due to destruction of stock under Section 28 of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 28

AI-generated summary — verify with the full judgment below

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 8/2023

WHIRLPOOL OF INDIA LTD

......Appellant Through: Mr Neeraj Jain with Mr Aniket D. Agrawal and Mr Saksham Singhal, Advs.

versus

NATIONAL FACELESS ASSESSMENT CENTRE ......Respondent Through: Mr Abhishek Maratha, Sr. Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

10.01.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.924/2023

1.

This is an application filed on behalf of the appellant seeking condonation of delay in filing the appeal. 1.1 According to the appellant, there is a delay of 01 day. 2. Mr Abhishek Maratha, leaned senior standing counsel, who appears on behalf of the respondent/revenue, does not oppose the prayer made in the application. 3. Accordingly, the delay is condoned. 4. The application is disposed of in the aforesaid terms. ITA 8/2023 5. According to us, the question of law is required to be admitted. Therefore, the question of law framed for consideration is as follows: ITA 8/2023

1/2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:43:40

“Whether the Income Tax Appellate Tribunal has erred in law and on facts in not allowing the trading loss incurred by assessee/appellant during the relevant year on account of destruction of stock/ inventory under section 28 of the Income Tax Act, 1961?” 6. The appellant/assessee will place on record, the relevant case papers filed before the statutory authorities, albeit in electric format. 6.1 A copy of the same will be furnished to Mr Maratha. 7. In addition, counsel for the parties will also file written submissions, not exceeding three pages each, at least five days before the next date of hearing. 8. List the matter on 14.07.2023 in the category of “After Notice Miscellaneous Matters”.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

JANUARY 10, 2023/pmc

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ITA 8/2023

2/2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:43:40

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