Calcutta High Court
Commissioner Of Income Tax vs Sudeep Rai Sharma on 7 August, 2008
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
GA No. 2215 of 2008
ITA No. 529 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX, KOLKATA-I Plaintiff/Petitioner/Applicant
Versus
SUDEEP RAI SHARMA Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 7th August, 2008.
The Court : After hearing the learned advocates for the parties and perusing the application for condonation of delay, we are satisfied with the grounds stated in the petition. Accordingly, the delay is condoned. The application under Section 5 of the Limitation Act is allowed. GA No. 2215 of 2008 is thus disposed of.
We now take up the application for admission of the appeal. After hearing the learned advocates for the parties, the appeal is admitted and the following substantial question of law is referred for adjudication :
"Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in upholding that the deletion of addition of Rs. 1,19,89,950/- under Section 68 of the said act on account of unexplained sources ?"
Let paper book be prepared by the appellant and be served upon the respondent within eight weeks from date. 2
Let the appeal appear eleven weeks hence. All parties concerned are to act on a signed xerox copy 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.) TR/