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TAXAP/1422/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1422 of 2008
=============================================
THE
COMMISSIONER OF INCOME TAX-III - Appellant(s)
Versus
SUDIPTA
M BHAUMICK - Opponent(s)
=============================================
Appearance :
MRS
MAUNA M BHATT for Appellant(s) : 1,
None for Opponent(s) :
1,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/06/2009
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Heard
learned counsel for the appellant.
Admit.
Issue
notice of admission to the respondent on the following substantial
questions of law.
(A) Whether
the Appellate Tribunal is right in law and on facts in holding that
statement recorded during search is not conclusive on stand alone
basis and that the statement on oath has to be considered along with
supporting material while framing block assessment?
(B) Whether
the Appellate Tribunal is right in law and on facts in not giving any
finding as to whether the retraction of statement made after 22
months from the date of initial admission statement is bonafide or
otherwise?
(C) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in directing to delete the addition of
Rs.5,67,000/- on account of unexplained investment in house property
at F.51, Akash Flats?
(D) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in deleting the addition made on account of
unexplained investment in Surya Range Cottage of Rs.9,00,000/-?
(E) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in deleting the addition made on account of
unexplained investment in FDR’s of Rs.6,48,000/-?
(F) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT(A) in deleting the addition made on account
of unexplained investment in KVPs, IVPs etc. of Rs.5,78,345/-?
(G) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in restricting the addition of Rs.3,00,000/-
made on account of unexplained investment in furniture and fittings
to Rs.50,000/-?
(H) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in deleting the addition made on account of
unexplained investment in flat at Calcutta of Rs.3,10,000/-?
(I)
Whether the Appellate Tribunal is right in law and on facts in
confirming the order passed by CIT(A) in restricting the addition of
Rs.2,45,000/- made on account of unexplained on account of
unexplained cash to Rs.1,25,000/-?
(J) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by CIT(A) in deleting the addition made on account of
unexplained investment of Rs.1 lac in household equipments?
(K.S. RADHAKRISHNAN, C.J.)
(AKIL
KURESHI, J.)
kailash
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