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2017 Supreme(Del) 2559

S.MURALIDHAR, PRATHIBA M.SINGH
Principal Commissioner of Income Tax, Delhi – Appellant
Versus
Best Infrastructure (India) Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Rahul Kaushik.
For the Respondents: Mr. Ved Kumar Jain, Ms. Rano Jain and Mr. Pranjal Srivastava.

ORDER :

1. These appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’) are against a common order dated 31st May, 2016 passed by the Income Tax Appellate Tribunal (‘ITAT’) in the appeals filed by the Assessee for Assessment Years (‘AYs’) 2005-06 to 2009-10. The Assessees belong to the ‘Best Group’.

Questions of law

2. In three of the appeals filed by the Revenue i.e. ITA Nos. 11, 12 and 21 of 2017 the question of law framed by the Court by the order dated 21st March, 2017 reads as under:

“Did the ITAT fall into error in holding that the additions made under Section 68 of the Income Tax Act, 1961, on account of the statements made by the assessee’s Directors in the course of search under Section 132 of the Act were not justified?”

3. In the other appeals, ITA Nos. 13 to 20 and 22 of 2017, the question of law framed by this Court by the order dated 21st March, 2017 reads as under:

“Whether having regard to the materials seized in the course of search under Section 132 and the statements made on behalf of the assessee, additions made by the Assessing Offi














































































































































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