Commissioner Of Income Tax Delhi ... vs J.P.M. Farms (Pvt) Ltd.
2008 Latest Caselaw 1066 Del

*               THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment delivered on : 18.07.2008

+                              ITA No.7/2008


COMMISSIONER OF INCOME                                        ..... Appellant
TAX DELHI (CENTRAL)-III
                                    versus

J.P.M FARMS (PVT.) LTD.                                     ..... Respondent

Advocates who appeared in this case:

For the Appellant         :       Mr.R.D.Jolly
For the Respondent         :       Dr.Rakesh Gupta with Ms.Aarti Saini

CORAM :-

HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE RAJIV SHAKDHER

1. Whether the Reporters of local papers may be allowed to see the judgment ?

2. To be referred to Reporters or not ?

3. Whether the judgment should be reported in the Digest ?

BADAR DURREZ AHMED, J (ORAL)

1. This appeal arises from the order passed by the Tribunal on

3.11.2006 in IT (SS) Appeal No. 58(del) of 2004 and pertains to the

block assessment year 1.4.1990 to 19.3.2001. The ground of appeal

before the Tribunal was :-

"That the ld. CIT (Appeals) has erred in upholding the levy of surcharge on the tax payable found on the undisclosed income computed in block assessment."

2. As per the facts indicated in the Tribunal's order, a search had

been carried out on 19.3.2001. The proviso to Section 113 of the

Income Tax Act, 1961 was inserted w.e.f 1.6.2002 whereby

surcharge was sought to be levied on tax payable on undisclosed

income determined in a block assessment. The Tribunal followed the

decision of the Special Bench of the Income Tax Appellate Tribunal,

Hyderabad in the case of Merit Enterprises v. DCIT and came to the

conclusion that surcharge was not leviable in the present case and

consequently, deleted the surcharge which had been levied by the

revenue authorities.

3. In this background, the revenue has proposed the following

question:-

"Whether the ITAT was correct in law in holding that the surcharge U/S 113 of the Income Tax Act, 1961 was not leviable in the present case?"

4. Admit.

5. This issue does not require any further investigation on

the part of this Court in view of the fact that the same stands

decided by the Supreme Court in the case of CIT v. Suresh

Gupta; 297 ITR 322 (SC). Consequently, this question is

decided in favour of the revenue and against the assessee. The

appeal stands allowed.

BADAR DURREZ AHMED, J

RAJIV SHAKDHER, J

July 18, 2008 mb