DEV FEATURES PVT LTD Vs. ASSISTANT COMMISSIONER OF INCOME TAX
HIGH COURT OF DELHI
DEV FEATURES PVT. LTD
ASSISTANT COMMISSIONER OF INCOME TAX
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MADAN B.LOKUR, J. -
(1.) The Assessee is aggrieved by an order dated 23rd June, 2006 passed by the
Income Tax Appellate Tribunal, Delhi Bench 'F' in ITA No.1218/Del of 2004
relevant for the assessment year 1992-93.
(2.) The Assessee is a private limited company engaged in the business of
syndication and equipment hiring.
(3.) The assessment was originally framed under Section 143(1)(a) of the
Income Tax Act, 1961 (for short the Act). Subsequently, the Assessing Officer
issued a notice under Section 148 of the Act for re-assessment. The Assessee was
asked, during the re-assessment proceedings, to prove the genuineness of the
claim of Rs.18 lakhs shown as payable to Mr. R.G.N. Swami. The assessee was
unable to satisfy the Assessing Officer about the genuineness of the claim. An
opportunity was given to place on record a confirmation from Mr. R.G.N. Swami
that this amount was due to him but no such confirmation was obtained. Even
though the transaction was said to be of Rs.18 lakhs but neither was this amount
ever claimed by Mr. R.G.N. Swami for almost a decade nor was any evidence
produced in support of the contention that the amount was payable to Mr. R.G.N. Swami.;
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