ACIT, New Delhi vs. Sh. Mukesh Garg, New Delhi
In the result, the appeal of the department for the assessment years 2007-08 and 2010-11 are dismissed while the appeal for the assessment year 2008-09 is partly allowed for statistical purposes
ITA 3549/DEL/2012[2010-11]Status: DisposedITAT Delhi26 Aug 2016AY 2010-11
Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita Nos. 3546, 3547 & 3549/Del/2012 Asstt. Years : 2007-08, 2008-09 & 2010-11 Assistant Commissioner Of Vs Sh. Mukesh Garg, Income Tax, Circle-12, 292, Katra Peran, Tilak Bazar, New Delhi Delhi-110006 (Appellant) (Respondent) Pan No. Aaapg2585Q Assessee By : Sh. K. P. Ganguli, Adv. & Sh. G. S. Goel, Ca Revenue By : Sh. Sunil Chander Sharma, Cit Dr Date Of Hearing : 02.06.2016 Date Of Pronouncement : 26.08.2016 Order Per N. K. Saini, Am:
For Appellant: Sh. K. P. Ganguli, Adv. & Sh. G. S. Goel, CAFor Respondent: Sh. Sunil Chander Sharma, CIT DR
Section 132Section 153ASection 36(1)(iii)Section 68
…mon factor whether the monies given by the assessee or received by the assessee from the said sister concern, it is found that an identical question came up for consideration before the Hon'ble Delhi High Court in the case of CIT v. Lalsons Enterprises (2010) 324 ITR 426 (Delhi) wherein, their Lordships expressed the considered view that whether mutual accommodations by sister concerns, by way of interest free funds, can be said to be commercially expedient or not, is essentially a question of fact, which in the said case was decided in favor of assessee by the Tribunal. It is thus clear that on charging of inter…