Supreme Court - Daily Orders
The Pr. Commissioner Of Income Tax ... vs M/S Deccan Tobacco Company on 11 March, 2022
Bench: K.M. Joseph, Hrishikesh Roy
1
ITEM NO.15 Court 10 (Video Conferencing) SECTION XII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).3317/2022
(Arising out of impugned final judgment and order dated 02-08-2021
in ITTA No. 9/2021 passed by the High Court Of Andhra Pradesh At
Amravati)
THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) Petitioner(s)
VERSUS
M/S DECCAN TOBACCO COMPANY Respondent(s)
(FOR ADMISSION and I.R. and IA No.27284/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT )
Date : 11-03-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Balbir Singh, ASG
Mr. Shashank Bajpai, Adv.
Mr. Shyam Gopal, Adv.
Ms. Suhasini Sen, Adv.
Mr. Siddhant Kohli, Adv.
Mr. Raj Bahadur Yadav, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. Balbir Singh, learned Additional Solicitor General appearing on behalf of the petitioner would point out the statement made by the Managing Director of the respondent- assessee which indicates that the amount in question (Rs.7,60,53,000/-) is Signature Not Verified declared on account of unexplained investment in Tobacco stocks of Digitally signed by JAGDISH KUMAR Date: 2022.03.12 13:08:43 IST Reason: Deccan Tobacco Company. He also refers to the answer given by the same employee that as he is not in a position to explain the source 2 of excess stock of 6,01,672 Kgs valuing to Rs.7,60,53,000/- (Rate @ 126.40/- per Kg) found in the godowns of the Deccan Tobacco Company, he voluntarily offered the same as undisclosed income in the hands of the company.
Mr. Balbir Singh also would point that it is after the search that the balance sheet relied upon by the assessee came to be finalized. Therefore, he would submit that it is not a case where two opinions were possible based on which reasoning both the ITAT and the High Court has interfered with the proceedings under Section 263 of the Income Tax Act, 1961.
Issue notice.
(JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER