IN THE HIGH COURT OF DELHI AT NEW DELHI 
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         ITA 1080/2006  
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 COMMISSIONER OF INCOME TAX          ..... Appellant 
 Through 
 Ms.Prem Lata Bansal, Sr.Standing 
 Counsel 
 versus 
 MANJU JAIN                          ..... Respondent 
 Through 
 Mr.Satish Tamta, Advocate 
 . 
 CORAM: 
 HON'BLE MR. JUSTICE VIKRAMAJIT SEN 
 HON'BLE DR. JUSTICE S. MURALIDHAR 
 . 
 O R D E R 
                             14.12.2006 
 Heard. 
 Admit. 
 After hearing learned counsel for the parties, the following substantial 
 questions of law are framed for determination:- 
 (i)Whether the assessee was entitled to deduction of  loss incurred due to 
 confiscation against the income from smuggling activities in view of the first 
 Explanation to Section 37(1) of the Income Tax Act, 1961, inserted with 
 retrospective effect from 1.4.1962 ? 
 . 
 (ii) Whether ITAT was correct in law in allowing the deduction of loss of 
 Rs,17,92,000/- to the assessee despite the fact that the confiscation was not 
 made by the custom authorities during the year under consideration? 
 ITA 1080/2006                                          Page 1 of 2 
 Appellant is directed to file the paper-books within three months in 
 accordance with the High Court Rules. 
 List in due course. 
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 . 
 . 
 . 
 VIKRAMAJIT SEN, J 
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 . 
 . 
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 S. MURALIDHAR, J 
 DECEMBER 14, 2006 
 nj 
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 ITA 1080/2006                                          Page 2 of 2 
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