The Commissioner Of Income Tax vs Shri Bhagirath Aggarwal
2010 Latest Caselaw 4737 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
5.
+       ITA 1551/2010

THE COMMISSIONER OF
INCOME TAX                                        ..... Appellant
                 Through:                         Ms. Rashmi Chopra, Standing
                                                  Counsel

                         versus

SHRI BHAGIRATH AGGARWAL ..... Respondent

Through: Mr. Piyush Kaushik, Advocate

AND

6.

+       ITA 1555/2010

THE COMMISSIONER OF
INCOME TAX                                        ..... Appellant
                 Through:                         Ms. Rashmi Chopra, Standing
                                                  Counsel
                         versus

SHRI BHAGIRATH AGGARWAL ..... Respondent Through: Mr. Piyush Kaushik, Advocate

% Date of Decision: 7th October, 2010

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN

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

2. To be referred to the Reporter or not?

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

MANMOHAN, J

CM 17626/2010 in ITA 1555/2010 (Exemption)

Allowed, subject to all just exceptions.

ITA Nos. 1551/2010 & 1555/2010

1. The present appeals have been filed under Section 260A of

Income Tax Act, 1961 (for brevity, "Act") challenging the composite

order dated 28th August, 2009 passed by the Income Tax Appellate

Tribunal (in short "Tribunal") in ITA Nos. 3453/Del/2008 and

3596/Del/2008, for the Assessment Year 2005-2006.

2. Ms. Rashmi Chopra, learned counsel for Revenue submitted that

the Tribunal had erred in law in deleting the addition made by the

Assessing Officer on account of undisclosed investment made by the

assessee solely on the basis of DVO's report.

3. Admittedly, in the case of Smt. Suraj Devi, one of the co-owners

of the property in question titled as Commissioner of Income Tax Vs.

Smt. Suraj Devi, ITA No. 811/2010 decided on 13th August, 2010, this

Court has upheld the order of the Tribunal deleting the addition made

solely on account of DVO's report.

4. Keeping in view the aforesaid mandate of law in Smt. Suraj Devi

(supra), the present appeal is dismissed.

MANMOHAN, J

CHIEF JUSTICE

OCTOBER 07, 2010 rn