Commissioner Of Income Tax, Central Iv, Mumbai v. M/S.national Steel & Agro Industries Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4732 OF 2010 Commissioner of Income Tax, Central IV, Mumbai..Appellant. Versus M/s.National Steel & Agro Industries Limited ..Respondent. Mr.Suresh Kumar with Ms.Padma Divakar for the appellant.Ms.Beena Pillai with Mr.Satish Chandra for the respondent. P.C. : CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 22[nd] October 2012 1.Whether the Income Tax Appellate Tribunal was justified in deleting the addition of Rs.7.50 lakhs which was added by the assessing officer on the basis of the papers given by ex-employee of the assessee namely Ms.Ashwini Rane (Pawar) is the question raised in this appeal. 2.The Income Tax Appellate Tribunal in para 9.3.1 of its decision has recorded a finding that the assessing officer himself was not convinced about the papers submitted by the ex-employee of the assessee and no credibility can be attached to said vague papers. In these circumstances, the decision of the Income Tax Appellate Tribunal being based on finding of fact, we see no reason to entertain the appeal. 3.The appeal is accordingly dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)