C I T CENTRAL JAIPUR vs. MANOHAR LAL SANGHVI

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ITA/241/2010HC RajasthanRJHC02048081201024 November 2010Bench: ARUN MISHRA,DALIP SINGH2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the Income Tax Appellate Tribunal had taken into consideration various factual matrices and seized material. The inference drawn by the ITAT was purely based on questions of fact. The Court also noted that the amount of addition was not substantial enough to warrant interference with a finding of fact. Consequently, the High Court found no justification in interfering with the findings recorded by the ITAT and concluded that no substantial question of law was involved. The appeal was dismissed.

What were the facts?

The appeal concerns Assessment Year not specified. The Revenue (Commissioner of Income Tax) is the appellant, and the Assessee is Shri Manohar Lal Sanghvi. The challenge is to an order passed by the Income Tax Appellate Tribunal (ITAT) deleting an addition of Rs. 41,167 made by the Assessing Authority and affirmed by the Commissioner of Income Tax (Appeals). This addition was on account of suppressed sales discovered during a search conducted under Section 132 of the Income Tax Act.

What were the issues?

1. Whether the Income Tax Appellate Tribunal was justified in deleting the addition made on account of suppressed sales discovered during a search under Section 132 of the Income Tax Act, where the addition was Rs. 41,167. Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The ITAT was not justified in deleting the addition made by the Assessing Authority and affirmed by the CIT(A) on account of suppressed sales.

Which sections of the Income-tax Act were involved?

Section 132

AI-generated summary — verify with the full judgment below

ITA-173/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH *** D.B. Income Tax Appeal No.241/2010 Commissioner of Income Tax Vs. Shri Manohar Lal Sanghvi DATE OF ORDER : 24/11/2010 HON'BLE THE ACTING CHIEF JUSTICE MR.ARUN MISHRA HON'BLE MR. JUSTICE DALIP SINGH *** Mr.JK Singhi, for appellant This appeal has been preferred against the order passed by the Income Tax Appellate Tribunal. The question raised in the instant appeal is that the Income Tax Appellate Tribunal is not justified in deleting the addition made by the Assessing Authority and affirmed by the Commissioner of Income Tax (Appeals) on account of suppressed sale made by the assessee during the search carried out under Section 132 of the Act. The addition made on account of suppressed sales was Rs.41,167/- It is apparent that the Income Tax Appellate Tribunal has taken into consideration various factual matrix and the seized material and the inference, which was drawn by the Income Tax Appellate Tribunal, is purely based on question of facts. The additions made also cannot be said to be much so as to warrant interference in purely finding of fact. Even

ITA-173/2010 2 otherwise, we do not find any justification in interfering with the findings recorded by the Income Tax Appellate Tribunal. No substantial question law is involved in the instant appeal. Consequently, the appeal is hereby dismissed. [DALIP SINGH], J. (ARUN MISHRA),ACTG.CJ. Raghu/p.2/241-ITA-2010-Final.doc

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