COMMISSIONER OF INCOME TAX vs. RAJASTHAN BREWERIES LTD.

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ITA/315/2007HC DelhiDLHC01029203200729 February 2024Bench: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV,HON'BLE MR. JUSTICE YASHWANT VARMA2 pages
AI SummaryRemanded

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?

Section 68

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

1.

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

4.

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

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