COMMISSIONER OF INCOME TAX vs. DEMESTER EXPORTS (P) LTD.

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ITA/200/2009HC Madhya PradeshMPHC01037799200919 November 20151 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal, in its order, noted that the appeal was filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the concurrent orders of the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal for the block period 1.4.1989 to 21.7.99. The Tribunal observed that various grounds were raised by the Revenue alleging improper consideration of the matter and undue interference with the Assessing Officer's rejection of the books of accounts. However, upon appreciation of the material on record, the Tribunal found that concurrent findings of fact had been recorded by both the appellate authorities. The deductions ordered were based on a due appreciation of factual aspects and were concurrent in nature. The Tribunal concluded that there was no error warranting reconsideration of the matter. Accordingly, the appeal filed by the Revenue was dismissed.

What were the facts?

This is an appeal filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the concurrent orders passed by the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal. The appeal pertains to the assessment made for the block period from April 1, 1989, to July 21, 1999. The Revenue contended that the appellate authorities did not properly consider the matter and that the Assessing Officer's order rejecting the books of accounts was unnecessarily interfered with. The assessee is Demester Exports (P) Ltd.

What were the issues?

1. Whether the appellate authorities erred in interfering with the Assessing Officer's rejection of the assessee's books of accounts for the block period 1.4.1989 to 21.7.99, thereby allowing deductions based on factual appreciation? Assessee's Contentions: The judgment does not record any specific contentions made by the assessee. However, it implies that the assessee would have supported the concurrent findings of the lower appellate authorities. Revenue's Contentions: The Revenue argued that the appellate authorities did not consider the matter properly and that the rejection of the books of accounts by the Assessing Officer was unnecessarily interfered with.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

ITA-200-2009 ( COMMISSIONER OF INCOME TAX Vs DEMESTER EXPORTS (P) LTD.) 19-11-2015 Shri Sanjay Lal, learned counsel for the appellant. Shri Sumit Nema, learned counsel for the respondent. This is Revenue's appeal under Section 260-A challenging the concurrent orders passed by the Commissioner Appeal and Income Tax Appellate Tribunal in the matter of assessment made for the block period 1.4.1989 to 21.7.99. Even though various grounds are raised in the appeal to say that the appellate authorities did not consider the matter properly and rejection of books of accounts ordered by the Assessing Officer has been unnecessarily interfered with, we find after due appreciation of the material available on record finding of fact have been recorded by both the concurrent authorities and a detailed order has been passed. Deduction ordered are based on due appreciation of factual aspects, they are concurrent in nature and there is no error warranting reconsideration in the matter. Accordingly, appeal is dismissed. (RAJENDRA MENON) JUDGE (KESHAV KUMAR TRIVEDI) JUDGE

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