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Calcutta High Court

Commissioner Of Income Tax-Iv vs M/S. Jalan Farms Limited on 7 January, 2011

Author: Bhaskar Bhattacharya

Bench: Sambuddha Chakrabarti, Bhaskar Bhattacharya

                             ITAT No. 287 of 2010
                             GA No. 3625 of 2010

                     IN THE HIGH COURT AT CALCUTTA

                              Special Jurisdiction
                                [ Income Tax ]

                                ORIGINAL SIDE



              COMMISSIONER OF INCOME TAX-IV, KOLKATA

                                    Versus

                        M/S. JALAN FARMS LIMITED


   For Appellant :      Mr. S. N. Dutta, Advocate



BEFORE:

The Hon'ble JUSTICE BHATTACHARYA
                     AND
The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI

Date : 7th January, 2011.



                This appeal will be heard on the following substantial question

  of law:

                " Whether the learned Income Tax Appellate Tribunal committed

  substantial error of law in not holding that the assessee failed to discharge the

  burden of proving the identity capability of investment and the nature and

  source of the fund of the creditors before giving relief in terms of Section 68 of

  the Income Tax Act in ignorance of the decision of this Court in the case

  reported in ITR 263 Page 289."
                                           2


                   Let notice of this appeal be served by the department on the

     respondent on usual course.

Let requisite number of informal paper book containing all relevant papers used before the authority below be filed within two months from date. In default, the appeal will stand dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(BHATTACHARYA, J.) (DR. SAMBUDDHA CHAKRABARTI, J.) sm AR[CR]