Commissioner of Income Tax-2, vs. Agricultural Market Committee,

PDF · subscribers
ITTA/240/2011HC TelanganaHBHC01060889201127 June 2011Bench: V.V.S.RAO,RAMESH RANGANATHAN2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court noted that a previous High Court decision in a similar case remitted the matter to the Assessing Officer for fresh verification of the genuineness of transactions. The court also observed that the CIT(A) had already decided the remanded appeal partly in favor of the assessee, which was not challenged by the department.

What were the facts?

The Assessing Officer made an addition to the assessee's income under Section 69C for alleged unverified purchases. The ITAT partly allowed the assessee's appeal, finding the purchases to be genuine. The department appealed this decision.

What were the issues?

Whether the ITAT was justified in holding that purchases made by the assessee were genuine and the Assessing Officer was not justified in making additions under Section 69C.

Which sections of the Income-tax Act were involved?

Section 69C

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 240 / 2011 COMMISSIONER OF INCOME TAX, JAIPUR-II ,JAIPUR ----Appellant Versus SHRI ARUN KUMAR KOTHARI, PROP. M/S PYRAMID EXPORTS, C- 106, SAVITRI PATH, BAPU NAGAR, JAIPUR ----Respondent _____________________________________________________ For Appellant(s) : Mr. R.B. Mathur with Mr. Prateek Kedawat For Respondent(s) : Mr. Naresh Gupta _____________________________________________________ HON'BLE MR. JUSTICE K.S.JHAVERI HON'BLE MR. JUSTICE INDERJEET SINGH Judgment 25/07/2017 1. By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby Tribunal has partly allowed the appeal of the department. 2. This court while admitting the appeal on 27.11.2013 framed following substantial question of law:- “Whether in the facts and circumstances of the case the ITAT was justified in holding that the purchases made by the assessee were genuine and the Assessing Officer was not justified in making the addition u/s 69C and its proviso.” 3. Counsel for the appellant submits that the issue is squarely covered by the decision of this court in Commissioner of Income Tax, Jaipur vs. M/s Sambhav Gems Ltd., D.B. Income Tax Appeal

(2 of 2) [ITA-240/2011] No.433/2009 decided on 2.11.2016 wherein it has been held as under:- “3. Considering the law declared by the Supreme Court in the case of Vijay Proteins Ltd. Vs. Commissioner of Income Tax, Special Leave to Appeal (C) No.8956/2015 decided on 06.04.2015 whereby the Supreme Court has dismissed the SLP and confirmed the order dated 09.12.2014 passed by the Gujarat High Court and other decisions of the High Court of Gujarat in the case of Sanjay Oilcake Industries Vs. Commissioner of Income Tax (2009) 316 ITR 274 (Guj) and N.K. Industries Ltd. Vs. Dy. C.I.T., Tax Appeal No.240/2003 decided on 20.06.2016, the parties are bound by the principle of law pronounced in the aforesaid three judgments. 4. We remit back the case to the Assessing Officer for deciding afresh on the factual matrix. The authority will accept the law but the transaction whether it is genuine or not will be verified by the Assessing Officer on the basis of the aforesaid three judgments.” 4. Counsel for the respondent has placed on record copy of order dt. 24.10.2011 whereby after remand the CIT(A) has already decided the appeal partly in favour of assessee which is not challenged by the department. The order is taken on record. 5. In that view of the matter, this appeal has now become academic. The issue is answered in favour of assessee. The appeal stands disposed of. (INDERJEET SINGH)J. (K.S.JHAVERI)J. Brijesh 166.

More judgments on Section 69C

All 8,217 judgments and leading authorities on Section 69C →

Recent GST High Court judgments

Search GST case law →