COMMISSIONER OF INCOME TAX vs. RAJASTHAN BREWERIES LTD.
What did the High Court hold?
The High Court set aside the ITAT's order and directed the ITAT to decide the appeal on its merits. The matter is to be placed back on the ITAT's board.
What were the facts?
The Commissioner appealed an ITAT order that allowed the assessee's appeal against an addition made under Section 68. The ITAT had previously set aside a remand order by the CIT(A).
What were the issues?
The validity of the ITAT's order which allowed the assessee's appeal and set aside a remand direction was under consideration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 315/2007
COMMISSIONER OF INCOME TAX ..... Appellant
Through: Mr Vipul Aggarwal, Sr.SC with
Mr Gibran Naushad, Ms
Sakshi Shariwal, Advs.
versus
RAJASTHAN BREWERIES LTD. ..... Respondent
Through: Mr.Vikram Jetly, CGSC with
Ms.Shreya Jetly, Adv.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R %
29.02.2024
The Commissioner assails the validity of the order of the Income Tax Appellate Tribunal ["ITAT"] dated 04 April 2006 which has allowed the appeal of the assessee directed against the orders passed by the Assessing Officer ["AO"] as affirmed by the Commissioner of Income Tax (Appeals) ["CIT(A)"] and in terms of which the addition of INR 24,99,76,564/- under Section 68 of the Income Tax Act, 1961 ["Act"] had been confirmed. 2. We note that the proceedings were taken by the AO pursuant to an order of remit dated 14 May 1999 made by the CIT(A). That order of the CIT(A) was set aside by the ITAT in terms of its order of 05 October 2004. 3. We have by a separate judgment rendered today on ITA 766/2005 set aside the order of the ITAT dated 05 October 2004 and in terms of which it had annulled the direction of remand. 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 05/03/2024 at 11:04:30
In view of the aforesaid, we allow the instant appeal and set aside the order dated 04 April 2006. The matter shall consequently stand placed on the board of the ITAT which shall now proceed to decide the appeal on merits.
YASHWANT VARMA, J.
PURUSHAINDRA KUMAR KAURAV, J. FEBRUARY 29, 2024/MJ 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 05/03/2024 at 11:04:30
More judgments on Section 68
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- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
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- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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