COMMISSIONER OF INCOME TAX-III vs. TRANS INDIA CINEMA
What did the High Court hold?
The High Court held that the appeals were concluded by findings of fact. It noted that the ITAT had upheld the order of the CIT(A) and recorded a finding of fact that the additions made by the Assessing Officer were rightly deleted by the CIT(A). The Court referred to its own Division Bench decision in Tax Appeal No.474 of 2010 (Commissioner of Income Tax-I vs. Miraa Processors Pvt.Ltd.) decided on April 11, 2012, which, after considering the Apex Court's decision, held that the assessee had not claimed any cessation of any kind of liability. The High Court found no error in the order of the CIT(A) or the ITAT and concluded that no substantial questions of law arose for consideration. Consequently, both Tax Appeals filed by the Revenue were dismissed. The operative direction was the dismissal of the appeals.
What were the facts?
The Revenue filed two appeals before the High Court of Gujarat challenging the orders of the Income Tax Appellate Tribunal (ITAT). The Assessing Officer (AO) had made additions to the assessee's income under Section 41(1) of the Income Tax Act, 1961, on October 16, 2007. The assessee appealed to the Commissioner of Income Tax (Appeals) [CIT(A)], who allowed the appeals and set aside the AO's order on January 19, 2009. The Revenue then appealed to the ITAT, which dismissed the Revenue's appeals. The assessee also filed an appeal regarding additions, which was allowed by the ITAT. The present appeals by the Revenue concern the deletion of additions made by the AO regarding advances received against tenements/shops, sundry creditors, and an advance from Ganesh Housing Corporation.
What were the issues?
1. Whether the Appellate Tribunal was right in law and on facts in reversing the order passed by the CIT(A) and thereby deleting the addition of Rs. 20,85,103/- made in respect of advances received against tenements/shops, as per Section 41(1) of the Income Tax Act? 2. Whether the Appellate Tribunal was right in law and on facts in reversing the order passed by the CIT(A) and thereby deleting the addition of Rs. 2,33,840/- made in respect of sundry creditors, as per Section 41(1) of the Income Tax Act? 3. Whether the Appellate Tribunal was right in law and on facts in reversing the order passed by the CIT(A) and thereby deleting the addition of Rs. 22,51,000/- made in respect of advance from Ganesh Housing Corporation, as per Section 41(1) of the Income Tax Act? Assessee's Contentions: The judgment does not record specific contentions made by the assessee before the High Court. However, it is implied that the assessee supported the ITAT's decision to delete the additions. Revenue's Contentions: The Revenue argued that the Appellate Tribunal was wrong in reversing the order of the CIT(A) and deleting the additions made by the Assessing Officer concerning advances received against tenements/shops, sundry creditors, and advance from Ganesh Housing Corporation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
The Revenue has filed these two Appeals. We have heard Ms.Mauna M.Bhatt, learned counsel appearing for the revenue and Mr.S.N.Divetia, learned counsel appearing for the respondent. The Assessing Officer passed an assessment order on 16.10.2007 under section 41(1) of the Income Tax Act (for short "The Act") by making certain additions. Thereafter the respondent filed an appeal. The Commissioner of Income Tax (Appeals) allowed
the Appeal by order dated 19.1.2009 and set aside the order of the assessing officer. The Revenue filed Appeals before Income Tax Appellate Tribunal which had been dismissed.
The Assessing Officer passed an order making two additions, one with regard to advance received against sanitary shop and the other in respect of sundry. Therefore, the respondents filed two appeal before Commissioner of Income Tax (Appeals) which were allowed by common order dated 19.1.2009 and addition was deleted. The appellant challenged the order of CIT(Appeals) whereas the assessee also filed appeal. Both the appeals were heard together and decided by common judgment and appeal of the revenue was dismissed and the appeal of the assessee which was with regard to addition was allowed and additions were set aside. Tax Appeal No.743 of 2010 has been filed by the revenue on the following proposed substantial questions of law. A. Whether the Appellate Tribunal is right in law and on facts in reversing the order passed by CIT(A) and thereby deleting the addition of Rs. 20,85,103/- made in respect of advances received against tenements/shops ?
TAXAP/743/2010 3/3 JUDGMENT B. Whether the Appellate Tribunal is right in law and on facts in reversing the order passed by CIT(A) and thereby deleting the addition of Rs./ 2,33,840/- made in respect of Sundry Creditors ? C. Whether the Appellate Tribunal is right in law and on facts in reversing the order passed by CIT(A) and thereby deleting the addition of Rs.22,51,000/- made in respect of advance from Ganesh Housing Corporation?
We have heard learned counsel for the parties and we have gone through the record. The Division Bench of this Court in Tax Appeal No.474 of 2010 Commissioner of Income Tax-I vs. Miraa Processors Pvt.Ltd. decided on 11.4.2012, after considering the decision of the Apex Court has held that the assessee has not claimed any cessastion of any kind of liability. Since the order of CIT (Appeals) has been upheld by the Tribunal and finding of fact has been recorded that additions made by the Assessing Officer were rightly deleted by the Commissioner of Income-Tax (Appeals), we are of the considered opinion that these Appeals are concluded by findings of fact and we do not find any error in the order of CIT (Appeals) and the order of the Tribunal. No substantial questions of law arise for consideration in these Appeals. Both these Tax Appeals are accordingly dismissed. However, there shall be no order as to costs.
(V.M.SAHAI,J) (N.V.ANJARIA,J) ***vcdarji
More judgments on Section 41(1)
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 328/AGR/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 327/AGR/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- ACIT, Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 326/AGR/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- ACIT-Central Circle, Agra vs M/S Ghanaram Infraengineers Pvt. Ltd., New…ITA 325/AGR/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Morlidhar B Vamdote, Bardoli vs ITO, Ward-1, BardoliITA 1174/SRT/2025[2017-18]Status: Disposed1 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026