ACIT, NEW DELHI vs. SH. CHITTRANJAN DUA, NEW DELHI
In the result, whereas appeal of the revenue is dismissed, appeal of the assessee is allowed
ITA 5884/DEL/2015[2011-12]Status: DisposedITAT Delhi29 Oct 2018AY 2011-12
Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2011-12 Acit, Circle 61(1), Vs Shri Chittranjan Dua, New Delhi 88, Sunder Nagar,New Delhi. Pqa: Aacpj6311R Assessment Year: 2011-12 Shri Chittranjan Dua, Vs Acit, Circle 61(1), 88, Sunder Nagar, New Delhi New Delhi. Pqa: Aacpj6311R Appellant Respondent Assessee By S/Shri Pradeep Dinodia, Ca & R.K. Kapoor, Ca Revenue By Shri B.S. Anant, Sr.Dr Date Of Hearing 3.10.2018 Date Of Pronouncement 29.10.2018
…me or its receipt, but the substance of the matter is the “income”. If income does not result at all, there can be no tax even though it is possible to reach a hypothetical income which was never materialized. Further in CIT vs Govind Agencies (P) Ltd. (2007) 295 ITR 290 (All), it was held that the earning of income whether actual or notional, has to be seen from the view point of prudent assessee and if in a given circumstance, the assessee decides to forego any income on justifiable grounds, there does not arise any question of bringing to tax any such notional income. The real income theory stated in the case…