MANOJ KUMAR SHARMA,JAIPUR vs. PCIT(CENTRAL), JAIPUR
In the result appeal of the assessee in the ITA No
ITA 283/JPR/2022[2015-16]Status: DisposedITAT Jaipur25 Nov 2022AY 2015-16
For Appellant: ShriMahendraGargieya (Adv.)&For Respondent: ShriJames Kurian (CIT)
Section 143(3)Section 263
…ivedi (supra) dated 29.10.2015 (DPB 22-25). Even the majority of the High Courts being the High Courts of Delhi, Gujarat, Guwahati, M.P., Madras and Rajasthan have taken similar view with or without following Apex Court decision in CIT vs. J.K. D’Costa (1984) 147 ITR 1 (St.)whereinSpecial Leave Petition was dismissed affirming the Delhi High Court decision in Addl. CIT vs. J.K. D’Costa(1982) 133 ITR 7 (Del). Kindly refer Para 6-7 of Rakesh Nain (supra). 11.4 Further reliance on the case of Mallelil Industries (P.) Ltd (2022) 139 taxmann.com 7 (Kerala) is also wrongly placed in as much as that was a case where the…