PR. COMMISSIONER OF INCOME TAX -7 vs. M/S SPG FINVEST PVT. LTD.
ITA/305/2022HC Delhi14 Sept 2022
Bench: The Assesing Officer. 3. He States That The Itat Has Erred In Law In Deleting The Addition Of Rs.3,00,00,000/- On Account Of Unexplained Share Capital & Share Premium Overlooking The Fact That The Assesse Company Had Failed To Explain The Reasons For High Share Premium /Capital Which Was Not Commensurate With This Is A Digitally Signed Judgement. Neutral Citation No: 2022/Dhc/003669
Section 68
…ts below is confined to hearing on substantial question of law and interference with finding of the fact is not warranted if it involves re-appreciation of evidence. Further, the Supreme Court in State of Haryana & Ors. vs. Khalsa Motor Limited & Ors., (1990) 4 SCC 659 has held that the High Court was not justified in law in reversing, in second appeal, the concurrent finding of the fact recorded by both the Courts below. The Supreme Court in Hero Vinoth (Minor) vs. Seshammal, (2006) 5 SCC 545 has also held that “in a case where from a given set of circumstances two inferences of fact are possible, the one drawn…