M/S. SHRI GEMS,NEW DELHI vs. ITO, NEW DELHI
In the result, the appeal of the assessee is allowed
ITA 2912/DEL/2014[2007-08]Status: DisposedITAT Delhi20 Dec 2017AY 2007-08
Bench: Sh. N. K. Sainiita No. 2912/Del/2014 : Asstt. Year : 2007-08 Shri Gems, Vs Income Tax Officer, 10/2441, Beadonpura, Karol Bagh, Ward-33(2), New Delhi New Delhi (Appellant) (Respondent) Pan No. Abcfs2245L Assessee By : Smt. Rano Jain, Adv. & Sh. Ashish Goel, Adv. Revenue By : Sh. T. Vasanthan, Sr. Dr Date Of Hearing : 21.09.2017 Date Of Pronouncement : 20.12.2017 Order This Is An Appeal By The Assessee Against The Order Dated 12.02.2014 Of Ld. Cit(A)-28, New Delhi.
For Appellant: Smt. Rano Jain, Adv. &For Respondent: Sh. T. Vasanthan, Sr. DR
Section 131Section 234BSection 69C
…the the income of the assessee firm, because the firm started its business only after the credits had been made in its books." 22. Similar view has been taken by the Hon'ble Patna High Court in the case of CIT & Another vs. Md. Perwez Ahmad and Others [2004] 268 ITR 381 by holding as under: "The Tribunal after having considered the materials on record has found that section 68 of the I.T. Act, 1961, is not attracted 14 Shri Gems in the case for the reason that in this case credit in the books of account of the assessee-firm is on account of introduction of capital by the partners and the firm has failed to prov…