Gujarat High Court Case Information System
Print
TAXAP/110820/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1108 of 2007
=========================================================
THE
COMMISSIONER OF INCOME TAX - I - Appellant(s)
Versus
SHRIFABS
- Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT for
Appellant(s) : 1,MR MANISH R BHATT for Appellant(s) : 1,
None for
Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 24/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE K.A.PUJ)
Heard Mr. Manish R.
Bhatt, learned Standing Counsel appearing for the Revenue. He has
submitted that Tax Appeal No.1115 of 2007 involving the same
substantial question of law in case of another assessee, M/s.Jajodia
Enterprises has already been admitted by this Court on 16.7.2008.
The said Tax Appeal is also arising out of the common order of the
Income-tax Appellate Tribunal.
In the above view of
matters, this Appeal is admitted in terms of the following
substantial question of law;
Whether on
the facts and in the circumstances of the case, the Appellate
Tribunal was right in law in holding that the cash of Rs.2 lacs
deposited in the bank account was satisfactorily explained in terms
of Section 69 with reference to the withdrawals in the earlier year
or more than a month back in this year, which were not recorded in
the books of account and which were admitted to have been used for
various business purposes ?
Issue notice to the other
side. Additional paper book, if any, be filed within 3 months.
To be heard alongwith Tax
Appeal Nos.966, 1115, 1101 and 1121 of 2007.
(K. A. PUJ, J.) (B. N. MEHTA, J.)
kks
Top