HIGH COURT OF DELHI
Commissioner of Income-tax
Versus
Hardarshan Singh
IT Appeal No. 604 of 2012
CM NO. 17463 of 2012
January 9, 2013
JUDGMENT
Badar Durrez Ahmed, J.
The delay in re-filing is condoned. This application stands disposed of.
ITA 604/2012
1. The revenue is aggrieved by the order dated 26.08.2011 passed by the Income Tax Appellate Tribunal in ITA 1447/Delhi/2011 pertaining to the assessment year 2007-08. Before the Tribunal, the assessee, who was aggrieved by the orders passed by the Assessing Officer as well as the Commissioner of Income Tax (Appeals), had, inter alia, taken the ground that the addition of Rs. 8,51,43,744/- by invoking the provisions contained in section 40(a)(ia) of the Income-tax Act, 1961 (hereinafter referred to as ‘the said Act’) was erroneous.
2. The assessee has four trucks and is in the business of transporting goods. He also carries on the business of a commission agent by arranging for transportation of goods through other transporters. Initially, the assessee filed a return on 31.10.2007 declaring a total income of Rs. 8,57,684/-. The return was picked up on scrutiny and a notice was issued under Section 143(2) of the said Act. During the scrutiny proceedings, the assessee was required to file a revised profit and loss account. On 18.12.2009, the revised profit and loss account was filed by the assessee, wherein the details of income and expenses were given. The same is as under:-
