RANI SHAVER POULTRY BREEDING FARM PVT LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 129/2013 . . . RANI SHAVER POULTRY BREEDING FARM PVT LTD ..... Appellant . Through : Mr Prem Nath Monga with Mr Manu Monga . . . versus . . . CIT ..... Respondent . Through : Mr Abhishek Maratha . . . CORAM: . HON'BLE MR JUSTICE BADAR DURREZ AHMED . HON'BLE MR JUSTICE R.V.EASWAR . . . O R D E R . 13.03.2013 . CM 3927/2013 . Allowed subject to all just exceptions. . CM 3928/2013 . The delay in re-filing is condoned. . This application stands disposed of. . ITA 129/2013 . Mr Maratha is present on behalf of the respondent on advance notice. We have heard the learned counsel for the parties. . Admit. . The following substantial questions of law are framed for the consideration of this Court:- . (1) Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in law and / or on facts in holding that the appellant did not carry out any business activity in the year in question? . . . . . (2) Whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in law in confirming the order passed by the Commissioner of Income Tax (Appeals) sustaining disallowance of ` 20,31,417/- representing the aggregate amount of expenditure under different heads, claimed by the appellant to have been incurred for the purpose of its business? . . . (3) Whether the Income Tax Appellate Tribunal was right in law in not allowing the expenses under Section 57(iii) of the Income Tax Act, 1961, in the alternative? . . . Printing of paper books is dispensed with. The counsel for the parties may file additional documents within three months, provided they were part of the record before the Tribunal. . List in due course. . BADAR DURREZ AHMED, J . . . . . . . R.V.EASWAR, J . MARCH 13, 2013 . SR . . . $ 3 .