Dristi Textiles Pvt. Ltd., Ghaziabad vs. ITO, Ward- 1(2), Ghaziabad
Appeal of the assessee is allowed
ITA 912/DEL/2019[2014-15]Status: DisposedITAT Delhi03 Aug 2023AY 2014-15
Bench: Shri Narendra Kumar Billaiya & Shri Anubhav Sharma
Section 143(3)Section 145Section 68
…he AO has rightly placed reliance on Sumati Dayal Vs. CIT (1995) 214 ITR 801 (SC), Durga Prasad More 82 ITR 540 (SC), McDowel & Co. Ltd. 154 ITR 148 (SC), CIT vs. RS Sibbal 269 ITR 429, Delhi, Sajan Das and Sons vs. CIT 264 ITR 435, Delhi, DC Rastogi vs. ACIT 57 ITD 295, Delhi. What needs to be considered is whether the transaction is a device to avoid tax and whether the transaction is such that judicial process may accord its approval to it. It has been held that judicial process can remove the ways to find the real nature of transaction and colorable devices cannot be permitted to be a part of tax planning. Th…