Dismissing the appeal of the revenue the Court held that; considering the evidence and based on independent analysis and appreciation of evidence on record the loss was held to be non-genuine. Accordingly the disallowance was held to be justified. Court also held that CIT(A) can consider the record relating to past assessment ,while deciding the appeal, but they could not have been made main bases for reversing Assessing Officer’s order.
Mathur Marketing (P.) Ltd. v. CIT (2019) 260 Taxman 9/ 173 DTR 74/ 307 CTR 613/ 413 ITR 353 (Delhi)(HC)
S. 28(i) : Business loss-Trading loss-Purchase and sales through commission agent-Loss held to be non -genuine -Disallowance is held to be justified–CIT(A) can consider the record relating to past assessment, while deciding the appeal. [S. 250, 260A]