Gujarat High Court High Court

The vs Issue on 22 June, 2009

Gujarat High Court
The vs Issue on 22 June, 2009
Author: Mr. K.S.Radhakrishnan,&Nbsp;Honourable Kureshi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	


 


	 

TAXAP/1426/2008	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 1426 of 2008
 

 
 
=============================================


 

THE
COMMISSIONER OF INCOME TAX-III - Appellant(s)
 

Versus
 

MRINALKANTI
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 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/-?

(D) 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.3,24,225/- made on account of alleged gifts received from close
relative?

(E) 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.94,249/- made on account of unexplained deposits in bank account?

(F) Whether
the Appellate Tribunal is right in law and on facts in confirming the
order passed by the CIT(A) in directing to delete the addition of
Rs.58,000/- made on account of unexplained investment in FDRs?

(G) 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.1,50,000/- made on account of unexplained investment in FDRs in
the name of Rapti Bhamick?

(H) 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.3,00,000/- made on account of unexplained investment in furniture
and fixtures?

(I)
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.1,00,000/- made on account of unexplained investment
in household equipments?

(J) 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.1,91,857/- made on account of unexplained investment in shares?

(K) 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.1,30,200/- made on account of unexplained investment in shares in
the name of Rapti M Bhaumick?

(K.S. RADHAKRISHNAN, C.J.)

(AKIL
KURESHI, J.)

kailash

   

Top