Gujarat High Court
Commissioner Of Income TaxVi vs Yoginiben Chandrakant Purohit on 29 April, 2009
Author: K.S.Radhakrishnan
Bench: K.S.Radhakrishnan
TAXAP/1455/2008 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 1455 of 2008
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COMMISSIONER OF INCOME TAXVI
Versus
YOGINIBEN CHANDRAKANT PUROHIT
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Appearance :
MR.MANISH R BHATT WITH MRS MAUNA M BHATT for Appellant
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HONOURABLE THE CHIEF JUSTICE MR.
CORAM :
K.S.RADHAKRISHNAN
and
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 29/04/2009
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel for the appellant.
Admit.
Issue Notice to the respondent on the following substantial questions of law :
"(A) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in upholding the decision of the CIT (A) that the assessee had recorded the undisclosed income determined in the block assessment in its regular books of account in spite of the fact that no regular books of account were found in the course of the search and whether Appellate Tribunal's decision on this point was not perverse?
HC-NIC Page 1 of 2 Created On Sat Jun 18 03:09:00 IST 2016 TAXAP/1455/2008 2/2 ORDER (B) Whether on the facts and circumstances of the case and in law, the Tribunal was right in upholding the decision of CIT (A) directing the Assessing Officer to exclude the undisclosed income of Rs. 10,49,639/ determined for A.Ys 19992000 to 200102 in the Block Assessment of the Block period even though the assessee had not filed her returns of income for the said assessment years before the date of search and the assessee had not maintained regular books of account?
(C) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in upholding the decision of CIT (A) in deleting the disallowance of expenses on salary and sales promotion when such expenses were not found recorded in any books of account found in the course of the search?
(D) Whether the Appellate Tribunal is right in law and on facts in deleting the surcharge ignoring the fact that provision of levy of surcharge were also applicable prior to insertion of proviso to Section 113 by Finance Act 2000 w.e.f. 1 st of June, 2002 in view of specific provision contained in paragraphA of Part I of the First Schedule relating to the levy of surcharge on Income Tax of the relevant Finance Act. The subsequent insertion of the same provision in Section 113 by way of proviso is clarificatory and not with a view to nullify the old provision relating to charge of surcharge?"
(K.S.RADHAKRISHNAN, CJ) (AKIL KURESHI, J.) pnnair HC-NIC Page 2 of 2 Created On Sat Jun 18 03:09:00 IST 2016