Jharkhand High Court
The Principal Commissioner Of Income ... vs Rita Devi on 29 June, 2022
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tax Appeal No. 11 of 2021
The Principal Commissioner of Income Tax, Dhanbad--- --- Appellant
Versus
Rita Devi, M/s Ispat battery, Bokaro Steel City --- --- Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan
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For the Appellant: Mr. Rahul Lamba, Advocate For the Respondent: Mr. Mahendra Kr. Chowdhary, Advocate
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08 / 29.06.2022 This Appeal shall be heard on the following substantial questions of law:
i. Whether in the facts and circumstances of this case, the learned ITAT was justified in applying the ratio of the decision of the Hon'ble High Court of Calcutta passed in the case of PCIT v. Subarna Rice Mill (2018) 257 Taxman 509 (Cal) when the facts of the said case law applied by the learned ITAT is not identical to the present case, as the present case is in respect of undisclosed purchases without any dispute on stock and sales, whereas the said case law is in respect of the undisclosed stock found on physical verification?
ii. Whether on the facts and in the circumstances of the case, the impugned order is contrary to the provisions of Section 69, Section 69A and / or Section 69C of the Income Tax Act, 1961 which provides for adding the entire value of undisclosed and unexplained expenditures / purchases as income of an assessed? iii. Whether the whole amount of undisclosed and unexplained expenditure or purchases made by the Respondent is to be added as income and charged to income tax?
iv. Whether in the facts and circumstances of the case, the Impugned Order passed by the learned ITAT is perverse and deserves to be set aside by this Hon'ble Court?
2. Call for the lower court records of I.T.A No. 344/Ran/2017 from the Income Tax Appellate Tribunal, Ranchi Bench, Ranchi along with the certified copy of the record of Assessment Proceedings.
(Aparesh Kumar Singh, J) (Deepak Roshan, J) Ranjeet/