C I T JAIPUR vs. M/S SAGUN GEMS PVT LTD

Brief facts of the case are that respondent/assessee was engaged in the business of manufacturing and export of gems and silver jeweleries. The assessee claimed deduction under Section 10-A of the Income Tax Act, which 2 was disallowed

Submission of learned counsel for the appellant is that Assessing Officer rightly disallowed the claim of exemption made by assessee. The Commissioner of Income Tax (Appeals) as well as Income Tax Appellate Tribunal both committed an illegality in setting the order of Assessing Officer.

We have considered submissions of learned counsel for the appellant and examined the impugned order of Tribunal as well as orders passed by Commissioner of Income Tax (Appeals) and also the Assessing Officer.

The Commissioner of Income Tax (Appeals) has considered all the factual aspects of the matter and recorded a finding that it has been brought on record that Shri Pitambar Sharma did not divert the funds from his existing concern to the new company but invested in share capital of M/s Shagun Gems Pvt. Ltd. from realization of his assets other

The above factual aspects and submissions of both the parties were considered by Tribunal in detail and Tribunal also recorded a finding that there is no reason to hold that assessee company is nothing but restructured company of earlier company and is not entitled for exemption. Para 9 of the order of the Tribunal is also reproduced as under:- “9. After considering the orders of the AO, ld. CIT (A) and submissions of both the parties, we find no infirmity in the finding of ld. CIT (A) who has examined the issue and then found that the assessee's case does not bit by provisions of section 10A(2)(ii) of the Act and, therefore, assessee is entitled for deduction under section 10A. Various objections raised by AO as mentioned above have been verified by ld. CIT (A) and found that land and building and machineries are new. Capitals introduced by the Directors are from teir own sources and not by transferring from M/s. Shagun. Out of 70 employees employed by assessee company, only 8 employees were related to M/s Shagun and this is not a reason that for employing the ex-employees of any other company curtails the benefit allowable to the assessee. If by any reason any employee has left the services of any company and joins a new company it does not hold that a new company is a restructured company of the earlier company from where the employee has left the services. There is no bar to sale the goods to the customers which were purchasing the goods from other entity i.e. M/s. Shagun. The assessee company is an independent unit doing its own activity

The finding of Commissioner of Income Tax (Appeals) as well as Tribunal and other facts and circumstances of the present case, narrated and discussed above, make it clear that all these questions are relating to questions of facts and there is a concurrent finding of facts recorded by Commissioner of Income Tax (Appeals) as well as Income Tax Appellate Tribunal. '

It is a settled law that income tax appeal can be admitted by this Court only on substantial question of law. This Court cannot interfere in the finding of fact recorded by courts below.

Since no substantial questions of law are involved in this appeal, therefore, we are not inclined to admit it and the same is,