Madhya Pradesh High Court
Pr. Commissioner Of Income Tax I vs Chandrabhan Lalchandani on 20 November, 2017
THE HIGH COURT OF MADHYA PRADESH
ITA-65-2017
(PR. COMMISSIONER OF INCOME TAX I Vs CHANDRABHAN LALCHANDANI)
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Jabalpur, Dated : 20-11-2017
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Shri Sanjay Lal, Advocate for the appellant.
Heard on I.A. No.7213/2017.
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This is an application for condonation of delay in the appeal.
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As per Office note, the appeal is barred by 1 day.
For the reasons stated in the application, we are satisfied that
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good and sufficient cause is made out to condone the delay.
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Accordingly, I.A. No.7213/2017 stands allowed and closed and
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the delay in filing the appeal is hereby by condoned.
Also heard on I.A. No.13843/2017.
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This is an application for bringing additional substantial
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questions of law on record.
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On due consideration, I.A. No.13843/2017 is allowed and
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closed.
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Also heard on the question of admission.
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Impugned order perused.
Appeal is admitted for final hearing on the following
substantial questions of law :-
"(1) Whether the Tribunal was
justified in accepting the Net profit @ 6.5% in
place of 9% as held by CIT (A) without
appreciating the fact that CIT (A) himself has
upheld the action of Assessing Officer by
invoking the provisions of Section 145(3) of the
Income Tax Act, 1961?
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(2) Whether the Tribunal was
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justified in reaching to the conclusion that
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assessment Under Section 153A of the Income
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Tax Act can be made only on the basis of
incriminating material found during the course
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of search without appreciating the provisions
of the said Section which talks about the
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concept of total income and not undisclosed
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income?
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(3) Whether the Tribunal was
justified in holding that addition should strictly
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be made on the basis of evidence or material
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found during course of search under Section
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153A of the Income Tax Act?"
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On payment of requisite process fee within seven days, let
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notice after admission of the appeal together with substantial
questions of law be issued to the respondent by registered A.D.
post as well as by ordinary mode.
Office is directed to process the matter to be listed for final hearing in due course of time at its own turn along with I.T.A. No.46/2017.
(S.K. SETH) (SMT. ANJULI PALO)
JUDGE JUDGE
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@shish
Digitally signed by ASHISH KUMAR JAIN
DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482001, st=Madhya Pradesh, Pr a 2.5.4.20=ae1feb90b41e3a14b8c420508ecd8ba2bde2b62fc4 1b903d877df0a395fdd4c6, cn=ASHISH KUMAR JAIN Date: 2017.11.21 12:53:00 +05'30' hy ad M of rt ou C h ig H