Commissioner Of Income Tax, Gandhinagar v. Suvas Hitendra Barot

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 372 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 raising the following question of law for our consideration; (A) Whether the Appellate Tribunal has erred in law and on facts in not considering the seized material and deleting the addition in respect of unaccounted investment of Rs.18,50,000/- in respect of New York Tower ? (B) Whether the Appellate Tribunal has erred in law and on facts in not considering the seized material and deleting the addition in respect of unaccounted investment in Somvilla amounting to Rs.22,50,000/- ? (C) Whether the Appellate Tribunal has erred in law and on facts in not considering the seized material and deleting the addition in C/TAXAP/372/2018 ORDER respect of unaccounted investment in Mansi Complex amounting to Rs.38,96,757/- ? 2.The issue pertains to the alleged unaccounted investment by the assessee in three separate immovable properties. The CIT(A) and the Tribunal concurrently came to the conclusion that the materials on record did not establish any such unaccounted investments. No question of law arises. Hence, the Tax Appeal is dismissed. (AKIL KURESHI, J) PRAVIN KARUNAN (B.N. KARIA, J)