Jharkhand High Court
The Principal Commissioner Of Income ... vs Smt. Manju Devi Chourasia on 21 February, 2022
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tax Appeal No. 20 of 2019
The Principal Commissioner of Income Tax, Dhanbad ---Appellant
Versus
Smt. Manju Devi Chourasia ....Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan Through: Video Conferencing For the Appellant : Mrs. Amrita Sinha, Advocate For the Respondent : Mr. Jalisur Rahman, Advocate
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05/21.02.2022 This appeal shall be heard on the following substantial questions of law:
(i) Whether on the facts and circumstances of the case and in law, learned Income Tax Appellate Tribunal is justified in setting aside the order passed under Section 263 of Income Tax Act by CIT, though the Assessing Officer, had not carried the verification and inquiry as to the creditworthiness of the two depositors in particular as was also required under Explanation-2 to Section 263 of Income Tax Act, 1961 introduced with effect from 1st June, 2015.
(ii) Whether on the facts and circumstances of the case and in law learned Income Tax Appellate Tribunal was justified in holding that the Assessing Officer had duly verified the genuineness of unsecured loans?
(iii) Whether the observations of learned Income Tax Appellate Tribunal that the Assessing Officer had formed an opinion as to the creditworthiness and of the depositors and genuineness of the transaction are perverse?
Admit.
Call for photocopy of Lower Court Records from the Court of Income Tax Appellate Tribunal, Ranchi Bench, Ranchi in connection with ITA No. 138/Ran/18; Asstt. Year 2013-14 and from the Court of Principal Commissioner of Income Tax, Dhanbad, who passed the order under Section 263 of Income Tax Act,1961 dated 22/27.03.2018 (Annexure-2).
(Aparesh Kumar Singh, J) (Deepak Roshan,J) jk/