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Calcutta High Court

C.I.T.Wb-Vi Calcutta vs M/S.Bhora M.M.G.Construction (P) Ltd on 5 August, 2010

Author: Kalyan Jyoti Sengupta

Bench: Kalyan Jyoti Sengupta

                                  ITA No. 136 OF 1999

                       IN THE HIGH COURT AT CALCUTTA
                      SPECIAL JURISDICTION (INCOME TAX)
                                ORIGINAL SIDE

                                C.I.T.WB-VI CALCUTTA

                                         Versus

                    M/S.BHORA M.M.G.CONSTRUCTION (P) LTD



  BEFORE:

  The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA

  The Hon'ble JUSTICE KANCHAN CHAKRABORTY

  Date : 5th August, 2010.


             The Court:- The appeal is admitted on the following substantial question
of law in relation to the financial year 1988-89;-
             i)        Whether on the facts and circumstances of the case, the
                       Learned Tribunal was justified in law by not holding that the
                       Assessee has failed to establish the genuineness of the Share
                       Transaction of Rs.15 lacs by documentary evidence as such the
                       said transaction come under the purview of Section 68 of the
                       Income Tax Act, 1961, therefore, the decision of the Learned
                       Tribunal is perverse and patently wrong ?
              The appellant shall file requisite number of paper books within one
months from date.
             Let Notice-of-Appeal shall be served upon the respondents by the

Department concerned on usual course.

Accordingly the application is disposed of.

All parties including department concerned are to act on a photostat signed copy of this order on the usual undertakings.

(KALYAN JYOTI SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) GH.