IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1267 OF 2012 Commissioner of Income Tax 6 Appellant Versus M/s. Ashapura Garments (P)Ltd. Respondent Mr. Suresh Kumar for Appellant. Ms. Beena A. Pillai for Respondent. CORAM S.C. DHARMADHIKARI AND A. A. SAYED, JJ. DATE 30th OCTOBER, 2014 P.C. We have heard Mr. Suresh Kumar, learned counsel, appearing on behalf of Revenue, in support of this Appeal, which challenges order passed by Income Tax Appellate Tribunal, Bench at Mumbai, dated 4th May, 2012. conclusion in Assessee's Appeal being IT(SS)No.41/Mum/2008 has been challenged. Mr. Suresh Kumar submits that substantial questions of law have been formulated in this memo of Appeal at page 4 and 5. They arise for determination because of erroneous understanding of transaction by Tribunal. Tribunal has without any justification interfered with concurrent findings which 1/3 ::: Uploaded on - 05/11/2014 ::: Downloaded on - 04/06/2020 12:13:55 ::: *2* 3.itxa1267.12 were recorded by Assessing Officer and Commissioner of Income Tax (Appeals). Commissioner's findings are recorded after calling for remand report. In such circumstances and when transaction was of sale of garments and which has been suppressed that Tribunal's order raises substantial question of law. 2] Upon perusal of order passed by Tribunal carefully, we are of opinion that attempt of Revenue is to seek re appreciation and re appraisal of factual materials. That is not permissible in our limited jurisdiction. Tribunal has concluded that two entities and one of which appeared and forwarded also affidavit, decided to accommodate themselves. That is on footing that there were past transactions of sale and purchase and out of which some amounts are due and payable to Assessee. amounts were paid and in pursuance of bills which were styled as accommodation bills. These bills were later on discounted with bank and letter of credit was obtained. However, relevant records in form of books of accounts recording transactions earlier entered into, amount due and payable thereunder and bank statements were produced on record. Based on that, Tribunal concluded that Department's or Revenue's contention that this was sale or substantive transaction unconnected with past, cannot be accepted. We cannot in garb of entertaining this Appeal, re appreciate 2/3 Uploaded on - 05/11/2014 Downloaded on - 04/06/2020 12:13:55 3.itxa1267.12 and re appraise such factual findings particularly when they are not perverse. 3] In above circumstances, Appeal does not raise any substantial questions of law. It is, accordingly, dismissed. No orders as to cost (A. A. SAYED, J.) (S.C. DHARMADHIKARI, J.) wadhwa 3/3 Uploaded on - 05/11/2014 Downloaded on - 04/06/2020 12:13:55 Commissioner of Income-tax-6 v. Ashapura Garments (P) Ltd