Commissioner of Income-tax-10 v. M/s. Swati Energy & Projects Pvt. Ltd
[Citation -2015-LL-0204-7]

Citation 2015-LL-0204-7
Appellant Name Commissioner of Income-tax-10
Respondent Name M/s. Swati Energy & Projects Pvt. Ltd.
Court HIGH COURT OF BOMBAY
Relevant Act Income-tax
Date of Order 04/02/2015
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags substantial question law
Bot Summary: Ba 2 The Revenue has formulated the following questions of law for our consideration: om Whether on the facts and in the circumstance of the case and in law, the ITAT was justified in merely following the orders of their Coordinate Bench for AY 2004 05 and not considering the facts for this year, where the AO had obtained information for the previous year, wherein 3 of the major buyers have B categorically stated that there was no intermediaries. Whether on the facts and in the circumstance of the case and in law, the ITAT was justified in ignoring the fact that the purchasing companies were specifically asked by the AO as to whether any agent was involved in the course of the transaction and they have denied the existence of any agent, but the Tribunal failed to take this fact into consideration. S.R.JOSHI 1 of 2 ::: Downloaded on - 13/08/2015 13:49:42 ::: itxa-325-2013 Whether on the facts and in the circumstance of the case and in law, the ITAT was correct in holding that the rt additions made by the AO were on presumption, whereas the AO had evidence to hold that no sale commission was paid in ou respect of 3 transactions during the financial year. 3 Counsel for the parties agreed that all three questions stand concluded against the Revenue and in favour of the Assessee by the order C of this Court dated 14th January, 2015 in Income Tax Appeal No.76 of 2013 in Respondent Assessee's own case for the Assessment Year 2008 09. H 4 Accordingly, no substantial questions of law arises for our consideration.


itxa-325-2013 IN HIGH COURT OF JUDICATURE AT BOMBAY rt ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.325 OF 2013 ou Commissioner of Income Tax 10 .. Appellant. V/s. M/s. Swati Energy & Projects Pvt. Ltd. .. Respondent. C Mr. Arvind Pinto with Ms. Padma Divakar, for Appellant. Mr. Atul Jasani, for Respondent. h ig CORAM: M.S.SANKLECHA, & G.S.KULKARNI, JJ. DATE : 4th FEBRUARY, 2015. H P.C: This Appeal under Section 260 of Income Tax Act, 1961 (the Act), challenges order dated 18 th July, 2012 passed by Income y Tax Appellate Tribunal (the Tribunal) for Assessment Year 2007 08. ba 2 Revenue has formulated following questions of law for our consideration: om (a) Whether on facts and in circumstance of case and in law, ITAT was justified in merely following orders of their Coordinate Bench for AY 2004 05 and not considering facts for this year, where AO had obtained information for previous year, wherein 3 of major buyers have B categorically stated that there was no intermediaries. (b) Whether on facts and in circumstance of case and in law, ITAT was justified in ignoring fact that purchasing companies were specifically asked by AO as to whether any agent was involved in course of transaction and they have denied existence of any agent, but Tribunal failed to take this fact into consideration. S.R.JOSHI 1 of 2 ::: Downloaded on - 13/08/2015 13:49:42 ::: itxa-325-2013 (c) Whether on facts and in circumstance of case and in law, ITAT was correct in holding that rt additions made by AO were on presumption, whereas AO had evidence to hold that no sale commission was paid in ou respect of 3 transactions during financial year.? 3 Counsel for parties agreed that all three questions stand concluded against Revenue and in favour of Assessee by order C of this Court dated 14th January, 2015 in Income Tax Appeal No.76 of 2013 in Respondent Assessee's own case for Assessment Year 2008 09. h 4 Accordingly, no substantial questions of law arises for our consideration. ig 5 Appeal dismissed. No order as to costs. H (G.S.KULKARNI,J.) (M.S.SANKLECHA,J.) y ba om B S.R.JOSHI 2 of 2 ::: Downloaded on - 13/08/2015 13:49:42 ::: Commissioner of Income-tax-10 v. M/s. Swati Energy & Projects Pvt. Ltd
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