Pr. Commissioner of Income-tax-1 v. Anthem Infratech Pvt. Ltd
[Citation -2017-LL-0502-28]
| Citation | 2017-LL-0502-28 |
|---|---|
| Appellant Name | Pr. Commissioner of Income-tax-1 |
| Respondent Name | Anthem Infratech Pvt. Ltd. |
| Court | HIGH COURT OF DELHI AT NEW DELHI |
| Relevant Act | Income-tax |
| Date of Order | 02/05/2017 |
| Assessment Year | 2004-05 |
| Judgment | View Judgment |
| Keyword Tags | legal infirmity • question of law • condonation of delay • addition to income • final fact-finding authority |
| Bot Summary: | For the reasons stated therein, the application is allowed. Delay of 35 days in re-filing the appeal is condoned. This appeal under Section 260A of the Income Tax Act, 1961 by the Revenue is directed against the impugned order dated 1 st March, 2016 passed by the Income Tax Appellate Tribunal in ITA No. 4786/Del/2011 for the Assessment Year 2004-05. The issue sought to be urged by the Revenue is whether the ITAT erred in law by confirming the decision of the Commissioner of Income Tax ) who deleted the addition of Rs. 15 lakhs and Rs. 10 ITA 843/2016 Page 1 of 2 lakhs made by the Assessing Officer under Sections 68 and 69 of the Act respectively. Having heard learned counsel for the parties and having examined the assessment order dated 28th February, 2011 as well as the order of the 1st August, 2011 of the CIT and the impugned order dated 1st March, 2016 of the ITAT, the Court is of the view that the concurrent finding of both the CIT and the ITAT on the issue turned purely on facts. The Court is not persuaded to hold that the concurrent findings of both, the CIT and the ITAT suffer from any legal infirmity and they do not give rise to any substantial question of law warranting interference with the impugned order of the ITAT. 5. |