C.I.T.WB vs SANJAY KUMAR SINGHAL

The Court : GA No.2526 of 2016 is an application by the department for the restoration and revival of the appeal or the readmission thereof.

In view of the good grounds shown, the order dated February 2, 2015 is recalled and the appeal is readmitted.

The appeal was admitted by an order dated March 13, 2001 on the following questions:

“1. Whether the Tribunal was right in deleting the addition of Rs.23,57,678/- being deposit in Banks which in a proceeding under section 158BC(C)

of the Income Tax Act, the assessing officer added the said amount as undisclosed income of the assessee?

Whether the Tribunal was right in deleting the addition of Rs.34,02,325/- being capital introduction in undisclosed plywood business?

Whether the Tribunal was right in deleting the addition of Rs.8,37,164/- being investment in M/s. B. L. Veener?”

Since the parties are represented, the order impugned dated December 21, 1998 in ITA No.40 (Cal) of 1998 is taken up for immediate consideration.

Upon a perusal of the relevant order, it appears that the Tribunal went into the factual aspects pertaining to the deposit in banks, the capital

introduction in the plywood business and the investment in M/s. B. L. Veener. Apart from the fact that the order of admission does not indicate any

substantial question of law, the parties refer to the order impugned passed by the Tribunal from which it appears that the factual basis of how the

accounts were treated was gone into in great detail.

Since the findings of the Tribunal on the three aspects were primarily on the basis of the facts as evident from the records and no question of law

arises from the treatment of such facts, ITA No.53 of 1999 is disposed of without interfering with the order impugned. There will be no order as to

costs.