C. I. T. Kolkata - XIII v. Manju Agarwal
[Citation -2014-LL-0808-182]

Citation 2014-LL-0808-182
Appellant Name C. I. T. Kolkata - XIII
Respondent Name Manju Agarwal
Court HIGH COURT OF CALCUTTA
Relevant Act Income-tax
Date of Order 08/08/2014
Assessment Year 1986-87, 1987-88, 1988-89
Judgment View Judgment
Keyword Tags genuineness of loan • loan creditor


IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) Present : Hon ble Justice Soumitra Pal And Hon ble Justice Arindam Sinha August 8, 2014 ITA 608 of 2004 C.I.T, Kolkata-XIII Vs. Smt. Manju Agarwal Mr. R.K. Chowdhury, Advocate with Mr. M.C. Prusty, Advocate for appellant/revenue Court :- This is appeal under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal C- Bench, Kolkata dated 23rd March, 2004 in ITA 1525-1525/Kol/2003 relating to Assessment Years 1986-1987, 1987-1988 and1988- 1989 to be admitted on following questions :- (a) Whether in facts and circumstances of case action of Assessing Officer was justified to re-open assessment completed under sections 143(1) and 143(3) of Income Tax Act, 1961 on basis of information received from D.D.I.T.(Inv), Kolkata regarding genuineness of loan creditors ? (b) Whether in facts and circumstances of case Learned Tribunal was not justified annulling assessment made by 2 Assessing Officer under Section 143(3)/147 of Income Tax Act, 1961 ? (c) Whether finding of Learned Tribunal is perverse since Learned Tribunal passed impugned order without appreciating that assessee failed to produce evidence regarding genuineness of loan creditor ? Heard Mr. R.K. Chowdhury, learned advocate for Revenue. Perused order under challenge particularly paragraph 7 thereof. We find no substantial question of law arises out of said order . Therefore, appeal and application are dismissed. (Soumitra Pal, J.) (Arindam Sinha, J.) ANC. C. I. T. Kolkata - XIII v. Manju Agarwal
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