COMMISSIOENR OF INCOME TAX DELHI IV vs. GUJARAT GUARDIAN LTD.

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ITA - 699 / 2008HC Delhi23 January 20092 pages
For Petitioner: PREM LATA BANSAL
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the Revenue. The decision was based on the High Court's prior ruling in a connected appeal, ITA No. 669/2008, where the Revenue's appeal was dismissed. Therefore, this appeal also suffered the same fate. The specific reasoning for the dismissal of the connected appeal, and thus the basis for dismissing this appeal, is not detailed in the provided text. The operative direction was the dismissal of the appeal. No issues were expressly left undecided.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax (Revenue) under Section 260A of the Income Tax Act, 1961, against the judgment dated October 5, 2007, passed by the Income Tax Appellate Tribunal (Tribunal). The appeal pertains to the assessment year 1996-97. The Revenue had proposed two questions of law in this appeal, which were also proposed in a connected appeal, ITA No. 669/2008. The High Court noted that in the connected appeal, ITA No. 669/2008, the Revenue's appeal had been dismissed. Consequently, this appeal was also to suffer the same fate.

What were the issues?

1. Whether the Tribunal erred in law by holding that the assessee was entitled to claim depreciation on the assets acquired from M/s. Gujarat Glass Limited, despite the fact that the assessee had not produced any evidence to establish that the said assets were used for the purpose of business during the relevant period? (Question of law) Assessee's Contention: The judgment does not record any specific contentions made by the assessee in this appeal. Revenue's Contention: The Revenue contended that the assessee had failed to produce evidence to establish the use of the acquired assets for business purposes, which should have precluded the claim for depreciation. The judgment does not name any specific authorities, circulars, or precedents relied upon by the Revenue.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

* THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on : 09.01.2009 %

Judgment delivered on : 23.01.2009

ITA No.699/2008

COMMISSIONER OF INCOME TAX

..... Appellant

versus

GUJARAT GUARDIAN LIMITED

..... Respondent

Advocates who appeared in this case:

For the Appellant

: Ms. Prem Lata Bansal For the Respondent

: Ms. Kavita Jha

CORAM :-

HON'BLE MR JUSTICE VIKRAMAJIT SEN HON'BLE MR JUSTICE RAJIV SHAKDHER

1.

Whether the Reporters of local papers may

be allowed to see the judgment ?

2.

To be referred to Reporters or not ? 3. Whether the judgment should be reported

in the Digest ?

RAJIV SHAKDHER, J

This is an Appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to in short as the ‘Act’) against the judgment dated 05.10.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to in short as the ‘Tribunal’) in ITA No. 3157/Del/2005 in respect of the assessment year 1996-97. In this appeal two questions have been proposed by the Revenue which had also been proposed, amongst others, in the connected appeal i.e., ITA No.669/2008. In view of our decision in 2009:DHC:243-DB

ITA No.669/2008, whereby the appeal of the Revenue has been dismissed, this appeal will suffer the same fate. Consequently, the appeal is dismissed.

RAJIV SHAKDHER, J

VIKRAMAJIT SEN, J January 23, 2009 da

2009:DHC:243-DB

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