Calcutta High Court
Commissioner Of Income Tax vs M/S. M.K. Patel & Bros on 4 August, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
ITA No. 181 of 2008
G.A. No. 840 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-XIII Plaintiff/Petitioner/Applicant
, KOLKATA
Versus
M/S. M.K. PATEL & BROS. Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 4th August, 2008.
The Court :- We are satisfied with the grounds mentioned in the petition for condonation of delay. Hence delay is condoned. The application being G.A. No. 840 of 2008 is allowed.
After hearing the learned Counsel appearing for the appellant the appeal is admitted and the following substantial questions of law are referred for adjudication:
" Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in restricting the disallowance on account suppressed sales of Rs.32,24,339 to Rs.2,60,849/- estimated as gross profit thereon on the ground that the balance amount would represent assumed purchases?"
Let the Paper Book be prepared by the appellant and be served upon the respondent within 8 weeks from date. Let the appeal appear 10 weeks hence.
All parties concerned are to act on a signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) dg/