Dhingra Builders (P.) Ltd. vs Commissioner of Income Tax

The assessee is aggrieved by an order dated 16-7-2001 passed by the income tax Appellate Tribunal, Delhi Bench ''D'' in ITA Nos. 2001/Del/2000, 2790/Del/2000 and C.O. No. 12/Del/2001 relevant for the assessment year 1996-97. The assessee is a builder and had taken some advances from several parties.

With respect to one of them, that is, Ram Pal Vij, the Tribunal examined the facts of the case and came to the conclusion that the matter ought to be restored to the file of the Assessing Officer to decide the issue in accordance with law after an opportunity to the assessee. No substantial question of law arises from this conclusion.

With regard to advances received from other persons, that is, Meera Bajaj, R.S. Midda, Yogesh Jani, Hans Mukh Jani, Kirti Kant Jani, A.K. Kapoor and Smt. Kulbir Kaur, the Tribunal was of the view on an appreciation of the evidence on record that the assessee had not been able to show the creditworthiness of any of these parties.

We find that the matter really turns on an interpretation of the evidence on record, which we have been taken through. There appears to be no perversity in appreciation of the evidence by the Tribunal and in view of thereof no substantial question of law arise for consideration. At best, it could be said that the evidence may not have been correctly appreciated, but hardly raises any substantial question of law. The appeal is dismissed.