IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-407-2014 (O&M) Date of decision:- 19.03.2015 Commissioner of Income Tax, Faridabad ...Appellant Versus M/s Srajan Buildtech Pvt. Ltd. ...Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON BLE MR. JUSTICE G.S. SANDHAWALIA Present: Mr. Tajender K. Joshi, Advocate, for appellant. **** S.J. VAZIFDAR, A.C.J. (ORAL) CM-25606-CII-2014 This is application for condoning 344 days' delay in re-filing appeal. For reasons mentioned in application, delay of 344 days in re-filing appeal is condoned. Disposed of. ITA-407-2014 This is appeal against order dated 22.02.2013 of Income Tax Appellate Tribunal dismissing appellant's appeal against order of CIT (Appeals). assessment pertains to assessment year 2006-2007. respondent has two share holders. issued subscribed and paid up capital is ` 1 lac. ` 50 lacs were advanced by seven companies by cheques as share capital. A.O. issued notice under Section 133(6) and sought information regarding advances aggregating to ` 50 lacs. A.O. came to conclusion that these were mere accommodation entries. It was contended before us that these were amounts that belonged to respondent/assessee and were routed back to AMODH SHARMAthe respondent through seven entities. 2015.03.25 11:11 I attest to accuracy and authenticity of this document chandigarh ITA-407-2014 (O&M) 2 2. CIT (Appeals) and Income Tax Appellate Tribunal have come to conclusion against appellant. It is observed for instance there was no material that established that entries were mere accommodation entries. They relied upon written confirmations of seven companies alongwith PAN and bank statements and fact that payments had been made through cheques. On other hand, appellant relies upon fact that some of these seven companies had not responded to notice. 3. matter, therefore, turns essentially on facts. CIT (Appeals) and ITAT relied upon relevant material. They did not rely upon irrelevant facts in coming to conclusion. No question of law, therefore, arises. findings cannot be said to be perverse. 4. appeal is, therefore, dismissed. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (G.S. SANDHAWALIA) JUDGE 19.03.2015 Amodh AMODH SHARMA 2015.03.25 11:11 I attest to accuracy and authenticity of this document chandigarh Commissioner of Income Tax, Faridabad v. M/s Srajan Buildtech Pvt. Ltd