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2015 Supreme(Del) 390

S.RAVINDRA BHAT, R.K.GAUBA
The Commissioner of Income Tax-II – Appellant
Versus
M/s. Jansampark Advertising & Marketing (P) Ltd. – Respondent


Advocates Appeared:
For the Appellant : Kamal Sawhney, Sr. Standing Counsel.
For the Respondent:R.M. Sinha, Rajiv Saxena, Shashwat Bajpai, Advocates.

Judgment :-

R.K. Gauba, J.

1. This appeal under Section 260-A of Income Tax Act, 1961 assails the order dated 14.06.2013 passed by Income Tax Appellate Tribunal (hereinafter referred to as “the ITAT”) in appeal No. 4839/Del/2009 respecting the respondent (“the assessee”) for the assessment year (AY) 2004-05. The following substantial question of law was framed by order dated 25.11.2014:-

“2.1 Whether in the facts and circumstances of the case ld. ITAT was correct in allowing the appeal of the assessee in regard to addition of Rs. 71,00,000/- on account of unexplained credit u/s 68 of the Income Tax Act.

2.2 Whether in the facts and circumstances of the case ld. ITAT was correct in allowing the appeal of the assessee in regard to addition of Rs. 1,42,000/- on account of commission paid on entry taken from entry provider.”

2. The assessee had filed its return of income for AY 2004-05 on 01.11.2004 declaring income of Rs. 3,180/-. The said original return was accepted. It is stated that some time in 2007 the Assessing Officer (AO) was in receipt of information from DIT (Investigation), N











































































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