* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 409/2012
Reserved on: 2nd December,2013
% Date of Decision: 10th December,2013
COMMISSIONER OF INCOME TAX DELHI ..... Appellant Through Mr. Sanjeev Sabharwal,
Sr. Standing Counsel
versus
GLOBUS SECURITIES & FINANCE PVT. LTD
..... Respondent
Through Mr. Salil Kapoor with
Mr. Sanat Kapoor, Mr. Vikas Jain and
Ms. Sugandha Anand, Advs.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
SANJIV KHANNA, J.
This appeal by the Revenue which relates to assessment year
2006-07 stands for adjudication on the following question:
"Whether the impugned order of the Income
Tax Tribunal (ITAT) is an error of law in
approving the deletion of the amount included by the assessing officer by applying Section 68 of the Income Tax Act, 1961, in the facts and circumstances of the case?"
2. Commissioner of Income Tax (Appeals) and the tribunal have
held that the respondent assessee has been able to discharge onus
under Section 68 of the Act as the respondent assessee had filed
ITA 409/2012 Page 1 of 20 names and addresses of share applicants, PAN number details,
confirmation lett