Motilal Khatri v. Commissioner of Income-tax I
[Citation -2019-LL-1017-48]

Citation 2019-LL-1017-48
Appellant Name Motilal Khatri
Respondent Name Commissioner of Income-tax I
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 17/10/2019
Judgment View Judgment
Keyword Tags satisfactory explanation
Bot Summary: The Assessing Officer was not satisfied with the explanation offered by assessee. The Income Tax Appellate Tribunal reversed that finding for reasons recorded in the order dated 20.02.2004. The matter went in appeal before the High Court which has reversed the said conclusion recorded by the Tribunal and restored the opinion of the Assessing Officer whilst holding that the explanation offered by the assessee was not satisfactory. The question is whether the High Court should have interfered with the finding of fact recorded by the Appellate Tribunal Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.10.21 11:16:44 IST Reason: From the analysis made by the High Court, discerned from the impugned judgment, we find that the High Court has considered all relevant aspects of the matter and concluded that the Appellate 2 Tribunal misdirected itself in assuming certain facts which were not relevant and unsubstantiated. In our opinion, the approach of the High Court is in accord with the material on record and the legal position. Mr. B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following ORDER The appeal is dismissed in terms of the signed order. COURT MASTER COURT MASTER Signed order is placed on the file.


1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7221 OF 2010 MOTILAL KHATRI Appellant(s) VERSUS COMMISSIONER OF INCOME TAX I Respondent(s) ORDER Heard learned counsel for parties. This appeal raises issue regarding addition of Rs.3,88,000/- (Three Lakh Eighty Eight Thousand) as investment by Assessing Officer by invoking Section 69 of Income Tax Act, 1961. Assessing Officer was not satisfied with explanation offered by assessee. That opinion of Assessing Officer commended to Commissioner. However, Income Tax Appellate Tribunal reversed that finding for reasons recorded in order dated 20.02.2004. matter went in appeal before High Court which has reversed said conclusion recorded by Tribunal and restored opinion of Assessing Officer whilst holding that explanation offered by assessee was not satisfactory. question is whether High Court should have interfered with finding of fact recorded by Appellate Tribunal? Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.10.21 11:16:44 IST Reason: From analysis made by High Court, discerned from impugned judgment, we find that High Court has considered all relevant aspects of matter and concluded that Appellate 2 Tribunal misdirected itself in assuming certain facts which were not relevant and unsubstantiated. In our opinion, approach of High Court is in accord with material on record and legal position. That being possible view, no interference is warranted. In view of above, appeal is dismissed. Pending applications, if any, stand disposed of. J (A.M. KHANWILKAR) .J (DINESH MAHESHWARI) New Delhi October 17, 2019 3 ITEM NO.102 COURT NO.8 SECTION XV SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 7221/2010 MOTILAL KHATRI Appellant(s) VERSUS COMMISSIONER OF INCOME TAX I Respondent(s) ([ AT TOP ] ) Date : 17-10-2019 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Dr. Manish Singhvi, Sr. Adv. Mr. Satyendra Kumar, Adv. Mr. Shailja Nanda Mishra, Adv. Mr. D.K. Devesh, Adv. Mr. Arpit Parkash, aDv. Mr. P. V. Yogeswaran, AOR For Respondent(s) Mr. Dhruv Agarwal, Adv. Ms. Niranjana Singh, Adv. Mr. T.A. Khan, Adv. Mrs. Anil Katiyar, Adv. Mr. B. V. Balaram Das, AOR UPON hearing counsel Court made following ORDER appeal is dismissed in terms of signed order. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on file] Motilal Khatri v. Commissioner of Income-tax I
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