CIT v. Sardari Lal & Co.

251 ITR 864High Court2001#364 most cited

What is CIT v. Sardari Lal & Co. authority for?

An appellate authority cannot introduce a new source of income that was not considered by the Assessing Officer; taxability of new sources should be addressed through reassessment provisions like Section 147/148 or revision under Section 263.

240

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Sardari Lal & Co. · Section 251 · Section 147 · Section 148 · Section 263 · new source of income · appellate authority · Assessing Officer · jurisdiction

Also reported as

120 Taxmann 595

Sections most often in play

Section 143(3)Section 153ASection 147Section 263Section 148Section 251(1)(a)Section 251Section 132

Issues it is cited on

section 31(3)place of effective managementsection 6(3)section 127(1)legal expensesddtsection 31section 251(1)section 251(1)(a)preponderance of probabilityprincipal officershell company

Judgments citing CIT v. Sardari Lal & Co.

Mdlr Estates Pvt. Ltd., New Delhi vs. DCIT, Central Circle-14, New Delhi

In the result, both the appeals filed by the respective assessees are partly allowed for statistical purpose

ITA 8215/DEL/2018[2008-09]Status: DisposedITAT Delhi11 Jun 2019AY 2008-09

Bench: Sh. R. K. Panda & Sh. Kuldip Singhassessment Year: 2008-09

Section 142Section 144Section 153ASection 264

…ncome from new source :- 1. CIT vs Shapoorji Pallonji Mistry 44 ITR 891 (SC) 2. CIT vs Rai Bahadur Hardutroy Motilal Chamaria 66 ITR 443 (SC) 3. Shapoorji Pallonji Mistry 34 ITR 342 (Bom) 4. CIT vs Union Tyres 240 ITR 556 (Delhi) 5. CIT vs. Sardari Lai & Co. 251 ITR 864 (Delhi) 6. CIT vs Changanlal Kailas & Co. 19 Taxmann 536 (Mad) 7. CIT vs. Associated Garments Makers 197 ITR 350 (Rajasthan) 8. CIT vs. National Co. Ltd. 199 ITR 445 (Calcutta) 9. CIT vs. BP Sherafuddin 399 ITR 524 (Kerela) 22. Referring to the following decisions he submitted that transactions entered into by two sister concerns cannot be a val…

Mdlr Builders P.Ltd, New Delhi vs. DCIT, Central Circle-14, New Delhi

In the result, both the appeals filed by the respective assessees are partly allowed for statistical purpose

ITA 8214/DEL/2018[2008-09]Status: DisposedITAT Delhi11 Jun 2019AY 2008-09

Bench: Sh. R. K. Panda & Sh. Kuldip Singhassessment Year: 2008-09

Section 142Section 144Section 153ASection 264

…ncome from new source :- 1. CIT vs Shapoorji Pallonji Mistry 44 ITR 891 (SC) 2. CIT vs Rai Bahadur Hardutroy Motilal Chamaria 66 ITR 443 (SC) 3. Shapoorji Pallonji Mistry 34 ITR 342 (Bom) 4. CIT vs Union Tyres 240 ITR 556 (Delhi) 5. CIT vs. Sardari Lai & Co. 251 ITR 864 (Delhi) 6. CIT vs Changanlal Kailas & Co. 19 Taxmann 536 (Mad) 7. CIT vs. Associated Garments Makers 197 ITR 350 (Rajasthan) 8. CIT vs. National Co. Ltd. 199 ITR 445 (Calcutta) 9. CIT vs. BP Sherafuddin 399 ITR 524 (Kerela) 22. Referring to the following decisions he submitted that transactions entered into by two sister concerns cannot be a val…

Manjit Management Services (P) Ltd., Kolkata vs. ITO, Ward - 9(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 2667/KOL/2018[2008-09]Status: DisposedITAT Kolkata10 May 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2667/Kol/2018 Assessment Year: 2008-09 Manjit Management Services Pvt. Ltd………………....………………..……………..……….….Appellant Plot No. 258/B Block-B Bangue Avenue Kolkata-700 055 [Pan : Aaecm 4773 D] Income Tax Officer, Ward – 9(1), Kolkata…….......................................................…...Respondent Appearances By: Shri Miraj D. Shah, Advocate, Appeared On Behalf Of The Assessee. Shri Sankar Haldar, Jcit, Sr. D/R, Appearing On Behalf Of The Revenue.

Section 147Section 14ASection 250Section 251(1)(a)Section 68

…on the following decisions:-  CIT vs. Rai Bahadur Hardutroy Motilal Chamaria [1967] 66 ITR 443 (SC)  CIT vs. Shapoorji Pallonji Mitry reported in 44 ITR 891 (SC)  CIT vs. Associated Garments Makers reported 64 Taxman 215  CIT vs. Sardari Lal & Co. [2001] 251 ITR 864 (Delhi) (FB)  CIT vs. Thrissur vs. B.P. Sherafudin reported in [2017] 87 taxmann.com 330 (Kerala) 4.1. He submitted that keeping in view the propositions of law laid down by the various Courts on this issue, the order of the ld. CIT(A) on the issue of enhancement, has to be cancelled, as he had considered a new and distinct source of income, whi…

India Today Online Pvt. Ltd., New Delhi vs. ITO, Ward- 12(2), New Delhi

In the result both the appeals of the assessee are allowed

ITA 6454/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Mar 2019AY 2014-15

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

For Appellant: Shri Salil Aggarwal, Advocate
Section 143(3)Section 56(2)(viib)

…he matters considered by the AO and therefore, it was open for the Appellate Commissioner to make addition regarding new source of income not considered by the AO. He also distinguished the judgment of Delhi High Court in the case of CIT vs. Sardari Lal & Co. 251 ITR 864, holding that CIT(A) has no power to enhance by discovering new source of income not considered by the AO. However, in the present case the income sought to be enhanced was inextricably linked to the issue under consideration. Therefore, it cannot be said that enhancement is being considered by discovering any new source of income. ii) In so far…

India Today Online Pvt. Ltd., New Delhi vs. ITO, Ward- 12(2), New Delhi

In the result both the appeals of the assessee are allowed

ITA 6453/DEL/2018[2013-14]Status: DisposedITAT Delhi15 Mar 2019AY 2013-14

Bench: Shri Amit Shukla & Shri L.P. Sahuita Nos. 6453 & 6454/Del/2018 Assessment Years 2013-14 & 2014-15

For Appellant: Shri Salil Aggarwal, Advocate
Section 143(3)Section 56(2)(viib)

…he matters considered by the AO and therefore, it was open for the Appellate Commissioner to make addition regarding new source of income not considered by the AO. He also distinguished the judgment of Delhi High Court in the case of CIT vs. Sardari Lal & Co. 251 ITR 864, holding that CIT(A) has no power to enhance by discovering new source of income not considered by the AO. However, in the present case the income sought to be enhanced was inextricably linked to the issue under consideration. Therefore, it cannot be said that enhancement is being considered by discovering any new source of income. ii) In so far…

ACIT, Central Circle-15, New Delhi vs. Versatile Polytech P.Ltd, New Delhi

In the result, ITA No.2257/Del/2018 filed by the Revenue is dismissed and the

ITA 2257/DEL/2018[2009-10]Status: DisposedITAT Delhi15 Mar 2019AY 2009-10

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2009-10 Acit, Vs Versatile Polytech P. Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Superior House, Bangali Market, New Delhi. Pan: Aaccv1244Q Assessment Year: 2014-15 Versatile Polytech P. Ltd., Vs. Acit, 25, Bazar Lane, Central Circle-15, Superior House, New Delhi. Bangali Market, New Delhi. Pan: Aaccv1244Q (Appellant) (Respondent) Assessee By : Shri V.K. Aggarwal, Ar & Ms Shweta Bansal, Ca Revenue By : Smt. Sulekha Verma, Cit, Dr Date Of Hearing : 06.02.2019 Date Of Pronouncement : .03.2019 Order Per R.K. Panda, Am:

For Appellant: Shri V.K. Aggarwal, AR &For Respondent: Smt. Sulekha Verma, CIT, DR
Section 115JSection 132Section 132(3)Section 132(4)Section 143(3)Section 153A

…Hon'ble Delhi High Court in the case of Shri Vikrant Puri vs. ACIT, vide ITA No.142 & 5789/Del/2013, order dated 4th March, 2016, the decision of the Hon'ble Delhi High Court in the case of CIT vs. Union Tyres, 240 ITR 556 (Del) and CIT vs. Sardari Lal & Co. 251 ITR 864 and the Ltd. vs. DCIT, 2013-TIOL-903-ITAT-DEL. He also relied on the decision of the Hon'ble Supreme Court in the case of CIT vs. Rai Bahadur Hardutroy Motilal Chamaria (1967) 66 ITR 443 (SC). 29. So far as the merit of the addition is concerned, he submitted that the valuation of shares of the assessee was done by Shri Harpal & Associates, a q…

Versatile Polytech P.Ltd, New Delhi vs. ACIT, Central Circle-15, New Delhi

In the result, ITA No.2257/Del/2018 filed by the Revenue is dismissed and the

ITA 1088/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Mar 2019AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2009-10 Acit, Vs Versatile Polytech P. Ltd., Central Circle-15, 25, Bazar Lane, New Delhi. Superior House, Bangali Market, New Delhi. Pan: Aaccv1244Q Assessment Year: 2014-15 Versatile Polytech P. Ltd., Vs. Acit, 25, Bazar Lane, Central Circle-15, Superior House, New Delhi. Bangali Market, New Delhi. Pan: Aaccv1244Q (Appellant) (Respondent) Assessee By : Shri V.K. Aggarwal, Ar & Ms Shweta Bansal, Ca Revenue By : Smt. Sulekha Verma, Cit, Dr Date Of Hearing : 06.02.2019 Date Of Pronouncement : .03.2019 Order Per R.K. Panda, Am:

For Appellant: Shri V.K. Aggarwal, AR &For Respondent: Smt. Sulekha Verma, CIT, DR
Section 115JSection 132Section 132(3)Section 132(4)Section 143(3)Section 153A

…Hon'ble Delhi High Court in the case of Shri Vikrant Puri vs. ACIT, vide ITA No.142 & 5789/Del/2013, order dated 4th March, 2016, the decision of the Hon'ble Delhi High Court in the case of CIT vs. Union Tyres, 240 ITR 556 (Del) and CIT vs. Sardari Lal & Co. 251 ITR 864 and the Ltd. vs. DCIT, 2013-TIOL-903-ITAT-DEL. He also relied on the decision of the Hon'ble Supreme Court in the case of CIT vs. Rai Bahadur Hardutroy Motilal Chamaria (1967) 66 ITR 443 (SC). 29. So far as the merit of the addition is concerned, he submitted that the valuation of shares of the assessee was done by Shri Harpal & Associates, a q…

Vikas Globalone Ltd., New Delhi vs. DCIT, Circle- 26(2), New Delhi

In the result, appeal of Assessee is partly allowed

ITA 2498/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Mar 2019AY 2012-13

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: Shri Piyush KamalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 115JSection 37Section 80I

…t year under appeal and preceding two assessment years. It was submitted that no new source of income could be considered by the Ld. CIT(A) and assessee relied upon Judgment of Full Bench of the Delhi High Court in the case of CIT vs. Sardari Lal & Co. (2001) 251 ITR 864 21 ITA.No.2498/Del./2018 M/s. Vikas Globalone Ltd., (Now known as M/s. Vikas Ecotech Ltd.,) New Delhi. (Del.). The assessee filed copy of the award in respect of compensation for plant and trees from Land Acquisition Collector. It was explained that as the plants and trees were grew in the land, therefore, no expenses were incurred. It was submi…

Shashikiran Shetty, Mumbai vs. ACIT Cen Cir 44, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 4019/MUM/2014[2010-11]Status: DisposedITAT Mumbai01 Feb 2019AY 2010-11

Bench: Shri Pawan Singh() & Shri G Manjunatha () Shashi Kiran Shetty Vs Acit, Cent.Cir.44, Mumbai 5Th Floor, Aavashya House Cst Road, Kalina, Santacruz (E), Mumbai 400 098 Pan : Ameps5601B Appellant Respondednt

Section 132(1)Section 132(4)Section 143(2)Section 274

…e extent the issue has been subject matter of assessment by the AO and challenged before the authority. In this regard, he relied upon various judicial precedents including the decision of Hon’ble Delhi High Court in the case of CIT vs Sardarilal & Co (2001) 251 ITR 864 (Del) and the decision of Hon’ble Rajasthan High Curt in the case of CIT vs Associated Garments Makers (1992) 197 ITR 350. 10. The Ld.DR, on the other hand, strongly supporting the order of the Ld.CIT(A) submitted that the document found during the course of search and enquiries conducted during post search enquiries clearly established the fact…

Madan Mohan Sharma, Delhi vs. ACIT, Circle- 63(1), New Delhi

ITA 2954/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2019AY 2014-15

Bench: Shri H. S. Sidhu & Shri Prashant Maharishihari Mohan Sharma, Vs. Acit, 60, Basti Harpool Singh, Circle-63(1), New Delhi New Delhi Pan: Aarps6592G (Appellant) (Respondent) Madan Mohan Sharma, Vs. Acit, 60, Basti Harpool Singh, Circle-63(1), New Delhi New Delhi Pan: Aarps6590E (Appellant) (Respondent)

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Ms. Rinku Singh, Sr. DR
Section 54

…the vendee has not disputed the purchase of property which is duly reflected iii their account, could not have ignored the balance sheet. 14. That in enhancing the income, the learned CIT(A) has failed to appreciate that the Full Bench of Delhi High Court in 251 ITR 864 which is binding on the learned CIT(A) has held that the learned CIT(A) in appeal before him could not tackle a new source of income and thus when the learned CIT(A) proposed to enhance the income by tackling a new source of income, the same having been objected, should not have proceeded to tackle the said source of income. The judgment referred…

Hari Mohan Sharma, Delhi vs. ACIT, Circle- 63(1), New Delhi

ITA 2953/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2019AY 2014-15

Bench: Shri H. S. Sidhu & Shri Prashant Maharishihari Mohan Sharma, Vs. Acit, 60, Basti Harpool Singh, Circle-63(1), New Delhi New Delhi Pan: Aarps6592G (Appellant) (Respondent) Madan Mohan Sharma, Vs. Acit, 60, Basti Harpool Singh, Circle-63(1), New Delhi New Delhi Pan: Aarps6590E (Appellant) (Respondent)

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Ms. Rinku Singh, Sr. DR
Section 54

…the vendee has not disputed the purchase of property which is duly reflected iii their account, could not have ignored the balance sheet. 14. That in enhancing the income, the learned CIT(A) has failed to appreciate that the Full Bench of Delhi High Court in 251 ITR 864 which is binding on the learned CIT(A) has held that the learned CIT(A) in appeal before him could not tackle a new source of income and thus when the learned CIT(A) proposed to enhance the income by tackling a new source of income, the same having been objected, should not have proceeded to tackle the said source of income. The judgment referred…

Neeraj Singal, New Delhi vs. ACIT, Central Circle- 3, New Delhi

Appeals of the assessee are partly allowed

ITA 1490/DEL/2018[2015-16]Status: DisposedITAT Delhi10 Jan 2019AY 2015-16

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri S. K. Tulsiyan, Adv, AshwaniFor Respondent: Shri S.S Rana CIT DR
Section 132Section 142(1)Section 143(3)Section 153ASection 251Section 251(1)(a)Section 68

…r to introduce in the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

Neeraj Singal, New Delhi vs. ACIT, Central Circle- 3, New Delhi

Appeals of the assessee are partly allowed

ITA 1488/DEL/2018[2013-14]Status: DisposedITAT Delhi10 Jan 2019AY 2013-14

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri S. K. Tulsiyan, Adv, AshwaniFor Respondent: Shri S.S Rana CIT DR
Section 132Section 142(1)Section 143(3)Section 153ASection 251Section 251(1)(a)Section 68

…r to introduce in the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

Zuberi Engineering Company, Jaipur vs. Deputy Commissioner of Income Tax, Circle-2, Jaipur

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

ITA 979/JPR/2018[2014-15]Status: DisposedITAT Jaipur18 Dec 2018AY 2014-15
For Appellant: Shri Kapil Goel (Adv)For Respondent: Shri Varinder Mehta (CIT-DR)
Section 143(3)Section 145(3)Section 251Section 40

…ns under the Act which can be invoked in cases of escaped income or such situation where the new sources had been left to be considered, but that would not give powers to the AAC to transgress his jurisdiction.” 48. In case of CIT v. Sardari Lal & Co. [2001] 251 ITR 864 (Delhi) (FB), the matter again came up for consideration before the Full Bench of the Hon’ble Delhi High Court regarding the first appellate authority's power to take into account a new source of income and to consider the correctness of the view expressed earlier in case of CIT v. Union Tyres [1999] 240 ITR 556, and the Full Bench of the Hon’ble…

Zuberi Engineering Company, Jaipur vs. Deputy Commissioner of Income Tax, Circle-2, Jaipur

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

ITA 978/JPR/2018[2013-14]Status: DisposedITAT Jaipur18 Dec 2018AY 2013-14
For Appellant: Shri Kapil Goel (Adv)For Respondent: Shri Varinder Mehta (CIT-DR)
Section 143(3)Section 145(3)Section 251Section 40

…ns under the Act which can be invoked in cases of escaped income or such situation where the new sources had been left to be considered, but that would not give powers to the AAC to transgress his jurisdiction.” 48. In case of CIT v. Sardari Lal & Co. [2001] 251 ITR 864 (Delhi) (FB), the matter again came up for consideration before the Full Bench of the Hon’ble Delhi High Court regarding the first appellate authority's power to take into account a new source of income and to consider the correctness of the view expressed earlier in case of CIT v. Union Tyres [1999] 240 ITR 556, and the Full Bench of the Hon’ble…

Zuberi Engineering Company, Jaipur vs. DCIT, Jaipur

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

ITA 977/JPR/2018[2012-13]Status: DisposedITAT Jaipur18 Dec 2018AY 2012-13
For Appellant: Shri Kapil Goel (Adv)For Respondent: Shri Varinder Mehta (CIT-DR)
Section 143(3)Section 145(3)Section 251Section 40

…ns under the Act which can be invoked in cases of escaped income or such situation where the new sources had been left to be considered, but that would not give powers to the AAC to transgress his jurisdiction.” 48. In case of CIT v. Sardari Lal & Co. [2001] 251 ITR 864 (Delhi) (FB), the matter again came up for consideration before the Full Bench of the Hon’ble Delhi High Court regarding the first appellate authority's power to take into account a new source of income and to consider the correctness of the view expressed earlier in case of CIT v. Union Tyres [1999] 240 ITR 556, and the Full Bench of the Hon’ble…

Assistant Commissioner of Income Tax, Circle-2, Jaipur vs. Zuberi Engineering Company, Jaipur

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

ITA 1122/JPR/2018[2012-13]Status: DisposedITAT Jaipur18 Dec 2018AY 2012-13
For Appellant: Shri Kapil Goel (Adv)For Respondent: Shri Varinder Mehta (CIT-DR)
Section 143(3)Section 145(3)Section 251Section 40

…ns under the Act which can be invoked in cases of escaped income or such situation where the new sources had been left to be considered, but that would not give powers to the AAC to transgress his jurisdiction.” 48. In case of CIT v. Sardari Lal & Co. [2001] 251 ITR 864 (Delhi) (FB), the matter again came up for consideration before the Full Bench of the Hon’ble Delhi High Court regarding the first appellate authority's power to take into account a new source of income and to consider the correctness of the view expressed earlier in case of CIT v. Union Tyres [1999] 240 ITR 556, and the Full Bench of the Hon’ble…

Jubilant Biosys Ltd, Noida vs. DCIT, Circle-1, Noida

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

ITA 2760/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Nov 2018AY 2014-15

Bench: Shri Nk Saini & Smt. Beena A Pillai

For Appellant: Sh. KM Gupta, AdvFor Respondent: Sh. Manish Gupta, CIT,DR
Section 251(2)

…sing Officer. 8.1. Similar is the view propounded by Hon’ble Supreme Court in case of CIT vs. Rai Bahadur Hardutory Motilal Chamaria reported in 66 ITR 443, Full Bench decision of Hon’ble Delhi High Court in case of CIT vs. Sardari Lal & Co reported in (2001) 251 ITR 864, decision of Hon’ble Delhi High Court in case of CIT vs. Union Tires, reported in (1999) 240 ITR 556. 9. Now coming to facts of present case, it is observed that, in return of income, assessee declared income as per profit and loss account. Expenditure that has been added by Ld.CIT (A) under enhancement proceedings relate to business income decla…

Jubilant Biosys Ltd, Noida vs. DCIT, Circle-1, Noida

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

ITA 2759/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Nov 2018AY 2013-14

Bench: Shri Nk Saini & Smt. Beena A Pillai

For Appellant: Sh. KM Gupta, AdvFor Respondent: Sh. Manish Gupta, CIT,DR
Section 251(2)

…sing Officer. 8.1. Similar is the view propounded by Hon’ble Supreme Court in case of CIT vs. Rai Bahadur Hardutory Motilal Chamaria reported in 66 ITR 443, Full Bench decision of Hon’ble Delhi High Court in case of CIT vs. Sardari Lal & Co reported in (2001) 251 ITR 864, decision of Hon’ble Delhi High Court in case of CIT vs. Union Tires, reported in (1999) 240 ITR 556. 9. Now coming to facts of present case, it is observed that, in return of income, assessee declared income as per profit and loss account. Expenditure that has been added by Ld.CIT (A) under enhancement proceedings relate to business income decla…

Jubilant Chemsys Ltd., Noida vs. DCIT, Circle-1, Noida

In the result appeals filed by assessee in all the years under consideration before us stands partly allowed

ITA 2758/DEL/2018[2013-14]Status: DisposedITAT Delhi28 Nov 2018AY 2013-14

Bench: Shri Nk Saini & Smt. Beena A Pillai

For Appellant: Sh. KM Gupta, AdvFor Respondent: Sh. Manish Gupta, CIT,DR
Section 251(2)

…sing Officer. 8.1. Similar is the view propounded by Hon’ble Supreme Court in case of CIT vs. Rai Bahadur Hardutory Motilal Chamaria reported in 66 ITR 443, Full Bench decision of Hon’ble Delhi High Court in case of CIT vs. Sardari Lal & Co reported in (2001) 251 ITR 864, decision of Hon’ble Delhi High Court in case of CIT vs. Union Tires, reported in (1999) 240 ITR 556. 9. Now coming to facts of present case, it is observed that, in return of income, assessee declared income as per profit and loss account. Expenditure that has been added by Ld.CIT (A) under enhancement proceedings relate to business income decla…