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Patna High Court - Orders

Assistant Commissioner Of Income Tax ... vs Smt. Saroj Kapoor on 11 April, 2012

Author: Shiva Kirti Singh

Bench: Shiva Kirti Singh, Vikash Jain

       Patna High Court MA No.80 of 2010 (4) dt.11-04-2012




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Appeal No.80 of 2010
                    ======================================================
                    ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5 PATNA

                                                                      .... ....   Appellant
                                             Versus
                    SMT. SAROJ KAPOOR M/S ROSHAN TRADING CORPORATION,
                    SROJ TOWER, JAMAL ROAD, PATNA

                                                                   .... .... Respondent
                    ======================================================
                    Appearance :
                    For the Revenue     : Mr. Harshwardhan Prasad, Adv.
                                        : Mrs. Archana Sinha
                    For the Respondents : Mr. Manish Rastogi, Adv.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH
                              and
                              HONOURABLE MR. JUSTICE VIKASH JAIN
                    ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)

4.   11-04-2012

Heard learned counsel for the parties.

The Income Tax Appellate Tribunal, Patna Bench dismissed the appeal of the revenue and affirmed the order of the C.I.T. (A) after discussing all the relevant materials on the basis whereof the C.I.T. (A) had deleted the addition of Rs.22,75,108/- under the head Unexplained liability, of Rs. 11,76,702/- under the head Unexplained Advance from customers and Rs. 1,52,500/- out of addition of Rs. 5,00,000/- under the head Liability towards Security Deposit from Customers.

From the various orders available on record it is apparent that deletion of various additions made by the Assessing Officer was on the basis of remand report which showed that the list of names supplied by the assessee was Patna High Court MA No.80 of 2010 (4) dt.11-04-2012 subjected to sample scrutiny and majority of the parties confirmed the transactions which are in the nature of trade transactions and not cash credit.

In the facts of the case issues relating to deletion of various additions stand concluded by findings of fact and no question of law arises for determination in this appeal.

The appeal is accordingly dismissed.





                                                                    (Shiva Kirti Singh, J)


Fahad./-                                                             (Vikash Jain, J)