$ 5 & 6 * IN HIGH COURT OF DELHI AT NEW DELHI + ITA No. 576/2017 PR. COMMISSIONER OF INCOME TAX-6, NEW DELHI Appellant Through: Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus NEW VIDEO PVT. LTD. Respondent Through: None. + ITA No. 577/2017 & C.M. No. 26810/2017 PR. COMMISSIONER OF INCOME TAX-6, NEW DELHI Appellant Through: Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus NEW VIDEO PVT. LTD. Respondent Through: None. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH ORDER % 05.09.2017 1. Revenue is in appeal against order dated 16th December 2016 passed by Income Tax Appellate Tribunal (ITAT) in ITA No. 2587/Del/2011 and ITA No.2956/Del/2011 pertaining to Assessment Year 2007-08 ( AY ). ITA Nos. 576 & 577/2017 Page Nos. 1 of 2 2. question sought to be urged in present appeals is whether ITAT was justified in confirming order of Commissioner of Income Tax (Appeals) [ CIT(A) ] which deleted addition of Rs. 21,64,518/- under Section 68 of Act only on ground that payments to creditors have been made by Assessee in subsequent years. 3. fact remains that explanation offered by Assessee regarding repayment to creditors in subsequent years was accepted by Revenue. Therefore, in facts and circumstances of present case, Court is not inclined to examine question as urged. Nevertheless, question is left open for consideration in appropriate case. 4. appeals and pending application are dismissed. S. MURALIDHAR, J. PRATHIBA M. SINGH, J. SEPTEMBER 05, 2017 srb ITA Nos. 576 & 577/2017 Page Nos. 2 of 2 Pr. Commissioner of Income-tax-6, New Delhi v. New Video Pvt. Ltd