2019 (7) TMI 668

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... his Court is of the opinion that the ITAT s opinion is ex facie untenable. This Court in Chryscapital Investment Advisors (India) pvt. Ltd. vs. Deputy Commissioner of Income Tax [ 2015 (4) TMI 949 - DELHI HIGH COURT] , had held that unusually high turnover per se cannot be a ground for exclusion and that the AO has to probe into the matter further. The Court also held that it is functional simila .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . 19850/2019 - - - Dated:- 29-4-2019 - MR. S. RAVINDRA BHAT AND MR. PRATEEK JALAN JJ. Appellant Through: Mr. Ruchir Bhatia, Sr. Std. Counsel Respondent Through: Mr. Ved Jain, Ms. Umang Luthra and Mr. Kislaya Parashar, Advocates O R D E R 1. Issue notice. Mr. Ved Jain, Advocate accepts notice. 2. Two questions of law are urged by the Reve .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... atter further. The Court also held that it is functional similarity which should be considered rather than the turnover. As a consequence, the impugned order cannot be sustained, on the first question, and is hereby set aside. 5. As for the second question i.e. additional depreciation, the Revenue urges that the items bought and for which said relief was claimed, cannot be termed as equip .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X