Gujarat High Court
The Principal Commissioenr Of Income ... vs M/S Happy Home Corporation on 23 July, 2019
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, A.C. Rao
C/TAXAP/506/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 506 of 2019
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THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), SURAT Versus M/S HAPPY HOME CORPORATION ============================================================================== Appearance:
MRS MAUNA M BHATT for the Appellant(s)No. 1 for the Opponent(s)No. 1============================================================================== CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA and HONOURABLE MR.JUSTICE A.C. RAO Date: 23/07/2019 ORALORDER (PER: HONOURABLE MR.JUSTICE J.B.PARDIWALA) This Tax Appeal is admitted on the following substantial questions of law :
"(A) Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was right in deleting the addition of Rs.1,06,66,943/- on account of unexplained cash credits without appreciating that assessee failed to prove the creditworthiness of the lenders and genuineness of the Unsecured loan ?
(B) Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was right in deleting the addition of Rs.63,37,753/- on account of unexplained cash credits without appreciating that assessee failed to prove the creditworthiness of the lenders and genuineness of the Unsecured loan ?Page 1 of 2 Downloaded on : Thu Jul 25 00:41:15 IST 2019
C/TAXAP/506/2019 ORDER (C) Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was right in deleting the addition of Rs.21,41,727/- on account of unexplained cash credits without appreciating that assessee failed to prove the creditworthiness of the lenders and genuineness of the Unsecured loan ?
(D) Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was right in deleting the addition of Rs.49,00,000/- without appreciating that the said additions was made on the basis of seized material and the assessee failed to substantiate its claim with documentary evidences ?"
(J. B. PARDIWALA,J.) (A. C. RAO,J.) /MOINUDDIN Page 2 of 2 Downloaded on : Thu Jul 25 00:41:15 IST 2019