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<h1>Delhi HC permits new ground under Sec. 43B IT Act post NTPC ruling</h1> <h3>COMMISSIONER OF INCOME TAX Versus SH. JAGDISH PRASAD GUPTA</h3> The Delhi HC allowed the Revenue to raise a new ground under Section 43B of the Income Tax Act, 1961, following the SC decision in National Thermal Power ... Addition u/s 43B - Revenue seeks to raise a new and additional ground as relying on NATIONAL THERMAL POWER COMPANY LIMITED [1996 (12) TMI 7 - SUPREME COURT] - HELD THAT:- As submitted that the issue raised is legal. Principal Commissioner of Income Tax would file an affidavit to the said effect. This is necessary as Revenue must maintain and have consistent stand and stance, whether it is an appeal by the Revenue or the assessee. The Delhi High Court allowed the Revenue to raise a new ground based on Section 43B of the Income Tax Act, 1961, citing the Supreme Court judgment in National Thermal Power Co. Ltd. vs. Commissioner of Income Tax. The Principal Commissioner of Income Tax was directed to file an affidavit supporting this ground. The case was re-listed for December 14, 2018.