DCIT, NEW DELHI vs. MR. FRANCIS WACZIARG, NEW DELHI
In the result, the appeal filed by the Revenue is dismissed
ITA 4728/DEL/2012[2007-08]Status: DisposedITAT Delhi29 Jul 2019AY 2007-08
Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2007-08 Dcit, Vs Francis Wacziarg, Circle-11(1), A-58, Nizamuddin East, Cr Building, New Delhi. New Delhi. Pan: Aaepw9332M (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate, S/Shri Rishabh Jain, Manoj Piyush & Hardik Arora, Cas Revenue By : Ms Ashima Neb, Sr. Dr Date Of Hearing : 17.07.2019 Date Of Pronouncement : 29.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 11Th June, 2012 Of The Cit(A)-13, New Delhi, Relating To Assessment Year 2007-08. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Derives Income From Salary, Business & Other Sources. He Filed His Return Of Income On 12Th October, 2007 Declaring The Total Income Of Rs.73,06,002/-. The Return Was Processed U/S 143(1) Of The Act. Subsequently, The Assessing Officer Reopened The Assessment
For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms Ashima Neb, Sr. DR
Section 143(1)Section 143(2)Section 147Section 148Section 2(14)
…Revenue. Therefore, a contention which was not raised and considered before the lower authorities, cannot be permitted to be raised first time before this court. (vii) No doubt, the Assessing Officer relied on the decision of the Apex Court reported in (1976) 103 ITR 61 (SC) (H.H.Maharaja Rana Hemant Singhji Vs. Commissioner of Income Tax) in support of his conclusion to hold that the paintings are not personal effects of the assessee. The facts of the said case show that the assessee therein was held liable to tax on the capital gains derived by the sale of sovereigns, silver bars and rupee coins, under Section…