PRINCIPAL COMMISSIONER OF INCOME TAX-4 DELHI vs KRBL INFRASTRUCTURE LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 13.11.2025 + ITA 494/2024 PRINCIPAL COMMISSIONER OF INCOME TAX-4 DELHI .....Appellant versus KRBL INFRASTRUCTURE LTD .....Respondent Advocates who appeared in this case For the Appellant : Mr. Abhishek Maratha, SSC, Mr. Apoorv Aggarwal, JSC, Mr. Parth Samwal, Ms. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha and Ms. Muskan Goel, Advocates.. For the Respondent : Mr. Sachit Jolly, Senior Advocate with Ms. Mansha Anand, Advocate. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT V. KAMESWAR RAO, J. 1. This appeal has been filed by the appellant/Revenue under Section 260A of the Income Tax Act, 1961 (the Act, hereinafter) against the order dated 08.06.2024 passed by the Income Tax Appellate Tribunal, (“ITAT”) in ITA No.3963/DEL/2019 for the Assessment Year (AY) 2014-15 whereby Signature Not Verified Signed By:PRADEEP ITA No.494/2024 Page 1 of 34 SHARMA Signing Date:13.11.2025 16:16:54 the ITAT has dismissed the appeals filed by the appellant/Revenue. 2. At the outset, it may be stated that though the ITAT was concerned with two appeals being ITA No.3962/DEL/2019 and ITA 3963/DEL/2019 both relating to AY 2014-15. The subject matter of this appeal as is noted from the prayer clause is only in respect of the decision of the ITAT in ITA No.3963/DEL/2019. The appeal was admitted on 04.08.2025 on the following two substantial questions of law:- “(1)Whether in the circumstances of the case, the ITAT has erred on facts and in law deleting the addition of Rs.10,00,00,000/- on account of unsecured loan received from M/s Shashi Foods India Pvt. Ltd. and interest amounting to Rs.1,03,10,760/- paid on such loan? (2)Whether on the facts and in the circumstances of the case an