The Commissioner of Income-tax - 25 v. Ramabai H. Kamat
[Citation -2014-LL-1105-46]

Citation 2014-LL-1105-46
Appellant Name The Commissioner of Income-tax - 25
Respondent Name Ramabai H. Kamat
Relevant Act Income-tax
Date of Order 05/11/2014
Assessment Year 2004-05, 2005-06
Judgment View Judgment
Keyword Tags suppression of sales

IN HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1178 OF 2012 Commissioner of Income Tax - 25 Appellant. V/s. Ramabai H. Kamat Respondent. Mr. Tejveer Singh for Appellant. Dr. K. Shivram, Senior Counsel i/b Mr. Ajay R. Singh and Mr. Paras S. Savla for Respondent. CORAM: S.C. DHARMADHIKARI AND A.A. SAYED, JJ. DATED : 5 NOVEMBER, 2014. P.C. : 1 This Appeal by Revenue challenges order passed by Income Tax Appellate Tribunal, Mumbai Bench in two Appeals of Assessee. Assessment Years are 2004-05 and 2005-06. There was common order and in relation to dis-allowance on account of suppression of sales to tune of Rs.48,77,000/-. In relation to that Tribunal has found that stock of finished goods of 1015 bags had been accounted for. How it has been accounted is elaborately discussed by Tribunal in paras 9 and 10 of impugned order, that is with reference to questions and answers and also relevant books of accounts and registers/documents. If stock as 1/2 ::: Uploaded on - 10/11/2014 ::: Downloaded on - 18/04/2020 17:10:16 ::: k 20 itxa 1178.12 os.doc indicated tallies with books, then, there was no suppression thereof. This is finding of fact and with aid of chart Tribunal has held that this is not case where any suppression can be attributed to Assessee. finding of fact is that there is no basis to conclude that there is suppression of sales. addition therefore is set aside. concurrent orders have been reversed by Tribunal by assigning cogent and relevant reasons and after making due reference to factual materials, finding of fact therefore is not perverse. There is no merit in this Appeal. It is accordingly dismissed. (A.A. SAYED, J.) (S.C. DHARMADHIKARI, J.) katkam 2/2 Uploaded on - 10/11/2014 Downloaded on - 18/04/2020 17:10:16 Commissioner of Income-tax - 25 v. Ramabai H. Kamat
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