Commissioner Of Income Tax, Gandhinagar v. Suvas Hitendra Barot

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 380 of 2018 ========================================================== COMMISSIONER OF INCOME TAX, GANDHINAGARVersusSUVAS HITENDRA BAROT ========================================================== Appearance: MRS MAUNA M BHATT(174) for the PETITIONER(s) No. 1========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHIandHONOURABLE MR.JUSTICE B.N. KARIA Date : 24/04/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1.The Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 15.09.2017 raising the following questions of law for our consideration; “Whether the Appellate Tribunal has erred in law and in facts in deleting the addition made by the AO with respect to addition on unaccounted investment in Bhavya Group-Rs.95,02,871/- ?” 2.The issue arises out of block assessment proceedings. The Assessing Officer has made an addition of a sum of Rs.95.02 laks (rounded off) C/TAXAP/380/2018 ORDER in the hands of the assessee by way of unaccounted investment in one Bhavya Group of entities. The Tribunal, however, held and observed that in the loose papers found during the search, the name of the assessee nowhere appeared. During the search, the statements of the representatives of Bhavya Group were also recorded, who had denied the contents of the documents impounded. The Tribunal noted that against Bhavya Group, in respect of the notice found in such papers, no account was taken. In view of such facts, the Tribunal concluded that the papers merely contained some notings but, in any case, did not involve the assessee. The issue is purely factual in nature. No question of law arises. The Tax Appeal is dismissed. (AKIL KURESHI, J) PRAVIN KARUNAN (B.N. KARIA, J)