DEV FEATURES PVT LTD Vs. ASSISTANT COMMISSIONER OF INCOME TAX
LAWS(DLH)-2007-7-155
HIGH COURT OF DELHI
Decided on July 13,2007

DEV FEATURES PVT. LTD Appellant
VERSUS
ASSISTANT COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

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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