High CourtsDivision Bench(2010) 11 RAJ CK 0054

Commissioner of Income Tax vs Sanghvi Marmo (Pvt.) Ltd.

Rajasthan High Court · Decided on 24 November 2010

HON’BLE JUDGES
Arun Kumar Mishra, Acting C.J. · Dalip Singh, J
RESULT
Dismissed
CASE NUMBER
Income Tax Appeal No. 173 of 2010

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Judgment

4 paragraphs · 186 words

Dalip Singh, J.—This appeal has been preferred against the order passed by the Income Tax Appellate Tribunal.

2.

The question raised in the instant appeal is that the Income Tax Appellate Tribunal is not justified in deleting the addition made by the Assessing Authority and affirmed by the Commissioner of Income Tax (Appeals) on account of suppressed sale made by the Assessee during the search carried out u/s 132 of the Act. The trading addition of Rs. 65,000/- as well as the addition made on account of suppressed/unaccounted sales was Rs. 77,534/-It is apparent that the Income Tax Appellate Tribunal has taken into consideration various factual matrix and the seized material and the inference, which was drawn by the Income Tax Appellate Tribunal, is purely based on question of facts. The additions made also cannot be said to be much so as to warrant interference in purely finding of fact..

3.

we do not find any justification in interfering with the findings recorded by the Income Tax Appellate Tribunal. No substantial question law is involved in the instant appeal.

4.

Consequently, the appeal is hereby dismissed.