2018 (9) TMI 1817 - HC - Income Tax

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.

Summary

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.