COMMISSIONER OF INCOME TAX Vs. ANIL KUMAR
HIGH COURT OF DELHI
COMMISSIONER OF INCOME TAX DELHI
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V.B.GUPTA, J. -
(1.) Revenue has filed this appeal under Section 260A of the Income Tax Act,
1961 (for short as 'Act') against the order dated 23rd September, 2005 passed in
ITA No.2468/Delhi/2002 for the assessment year 1995-96.
(2.) We have framed the following substantial question of law for
"Whether the Income Tax Appellate Tribunal was correct in law in upholding the
order of the Commissioner of Income Tax (Appeals) deleting the addition of Rs.20
lacs on account of gifts alleged to have been received by the Assessee""
(3.) Brief facts of the case are that the Assessee in the present case filed
the Income Tax Return for the assessment year 1995-96 on 31st October, 1995
declaring an income of Rs.1,04,249/-. This assessment was made under Section
143(3) of the Act on 2nd March, 1998 accepting the declared income of the
Assessee. Subsequently, this assessment order was examined by CIT(Central-2),
New Delhi under Section 263 of the Act who set aside the assessment on 2nd
August, 1999 with direction to examine the identity, genuineness and
creditworthiness of two donors.;
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