Gujarat High Court
The Deputy Commissioner Of Income Tax ... vs Narendra Garg & Ashok Garg (Aop) ... on 29 February, 2008
Author: J.C.Upadhyaya
Bench: J.C.Upadhyaya
TAXAP/1531/2007 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX APPEAL No. 1531 of 2007
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THE DEPUTY COMMISSIONER OF INCOME TAX (INVESTIGATION) Appellant(s)
Versus
NARENDRA GARG & ASHOK GARG (AOP) Opponent(s)
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Appearance :
MR BB NAIK for Appellant(s) : 1,
None for Opponent(s) : 1,
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CORAM : HONOURABLE THE CHIEF JUSTICE Y.R.MEENA
and
HONOURABLE MR.JUSTICE J.C.UPADHYAYA
Date : 29/02/2008
ORAL ORDER
Heard the learned counsel for the appellant.
The appeal is admitted in terms of the following questions: "(i) Whether, on the facts and in the circumstances of the case, and in law, the Income Tax Appellate Tribunal is right in deleting addition of Rs.35 lakhs towards benami investment in the name of Shri Daulaji?
(ii) Whether, on the facts and in the circumstances of the case, and in law, the Income Tax Appellate Tribunal is right in coming to the conclusion that the amount investeed initially has been rotated in the construction projects, when both the projects, namely, Vivekanand Complex and Brindavan Developers, were undetaken simultaneoulsly?
(iii) Whether, on the facts and in the circumstances of the case, and in law, the Income Tax Appellate Tribunal is right in applying principles of telescoping for reducing additions made by the Assessing Officer and confirmed by the Appellate Commissioner?
(iv) Whether, on the facts and in the circumstances of the case and in law, the Income Tax Appellate Tribunal is right in deleting addition to the tune of Rs.2,20,682/ made on account of unexplained investment in lots of cloth and undisclosed profits, and in deleting addtiion of Rs.2 lakhs sustained by the Appellate Commissioner towards undisclosed household expenses by applying principles of telescoping?"
Issue notice to the other side. Paper book be filed within 3 months. List the Appeal for final hearing after 3 months.
(Y.R. Meena, C.J.)
(J.C. Upadhyaya, J.)
binoy
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TAXAP/1531/2007 2/2 ORDER
HC-NIC Page 2 of 2 Created On Sat Jun 18 02:20:17 IST 2016