COMMISSIONER OF INCOME TAX CENTRAL -II vs. M/S NAVBHARAT EXPORT

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 7 + ITA 220/2013 COMMISSIONER OF INCOME TAX DELHI, CENTRAL -H• Appellant Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate. Versus NAVBHARAT INTERNATIONAL LTD. Respondent t,' Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. With 8/ ^ ITA 222/2013 COMMISSIONER OF INCOME TAX DELHI, CENTRAL -H Appellant Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. I.akshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate. 4 versus M/s. NAVBHARAT EXPORT Respondent Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. With 9 ITA 230/2013 COMMISSIONER OF INCOME TAX DELHI, CENTRAL -H Appellant ITANos. 220,222,230,247,248 and 249 of2013 Page 1 of 4 Digitally Signed By:AMULYA Signature Not Verified

V)^ Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate. versus NAVBHARAT INTERNATIONAL LTD. Respondent Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. With 10 ITA 247/2014 . COMMISSIONER OF INCOME TAX DELHI, CENTRAL -II Appellant Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate. versus M/s. NAVBHARAT EXPORT Respondent Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. With 11 ITA 248/2014 COMMISSIONER OF INCOME TAX DELHI, A CENTRAL-11 Appellant Through: Ms. SuruchiAggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. Abhishek Sharma, Advocate. versus M/s. NAVBHARAT EXPORT Respondent Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. ITA Nos. 220,222,230,247,248 and 249 of2013 Page 2 of 4

AND 12 ITA 249/2014 COMMISSIONER OF INCOME TAX DELHI, CENTRAL-II Appellant Through: Ms. Suruchi Aggarwal, Senior standing counsel with Ms. Lakshmi Gurung, Jr. Standing counsel and Mr. AbhishekSharma, Advocate. versus M/s. NAVBHARAT EXPORT Respondent Through: Mr. Salil Kapoor with Mr. Vikas Jain and Mr. Sanat Kapoor, Advocates. CORAM: HON'BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER % 28.07.2015 1. It is not in dispute that in relation to the earlier Assessment Year ('AY') 2004-05 the appeals filed by the Revenue, ITA Nos. 212 and 221 of 2013 (CIT-IIV. Navbharat Export) have been dismissed by the Court by its order dated 5^ May 2015. The Court has upheld the finding ofthe ITAT that the Assessing Officer ought not to have rejected the book results only on the ground that excess stock was declared during the course of search of the Assessee. The Court affirmed the view of the ITAT, which was "entirely based on fact", that the Commissioner of Income Tax (Appeals) erred in upholding the rejection of the book results. ITANos. 220,222,230,247,248and 249 of2013 Page3 of 4