ACIT, NEW DELHI vs. SHRI RISHIKESH SHARMA, NEW DELHI
In the result, appeal of the Revenue is dismissed
ITA 5448/DEL/2011[2008-09]Status: DisposedITAT Delhi16 Nov 2016AY 2008-09
Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2008-09 Vs. Sh. Rishikesh Sharma, 318, Asstt. Commissioner Of Income Tax, Circle-36(1), New Delhi Vikas Complex, 37, Veer Savarkar Block, Shakarpur, New Delhi Pan : Aosps3911G (Appellant) (Respondent) Appellant By Sh. F.R. Meena, Sr.Dr Respondent By Dr. Rakesh Gupta & Sh. Somil Agarwal, Advocates Date Of Hearing 23.08.2016 Date Of Pronouncement 16.11.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 8/11/2011 Passed By The Ld. Commissioner Of Income-Tax( Appeals)- Xxvii, New Delhi For Assessment Year 2008-09 Raising Following Grounds: “On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Facts & Law By:- I) Deleting The Addition Of Rs.3,56,54,400/- Made U/S 41(1) Of The Income Tax Act On Account Cessation/Remission Of Liabilities Of The Two Creditors. Ignoring The Confirmation Obtained From The Creditors Under Section 133(6). Ii) Reducing The Gp To 20.78% As Against 25%.
Section 133(6)Section 143(2)Section 143(3)Section 145(2)Section 145(3)Section 41(1)
…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘F’ NEW DELHI BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2008-09 Vs. Sh. Rishikesh Sharma, 318, Asstt. Commissioner of Income Tax, Circle-36(1), New Delhi Vikas Complex, 37, Veer Savarkar Block, Shakarpur, New Delhi PAN : AOSPS3911G (Appellant) (Respondent) Appellant by Sh. F.R. Meena, Sr.DR Respondent by Dr. Rakesh Gupta & Sh. Somil Agarwal, Advocates Date of hearing 23.08.2016 Date of pronouncement 16.11.2016 ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against order dated 8/11/2011 passed by…