Commissioner Of Income Tax, Jaipur-Ii ,Jaipur v. M/S Rameshwar Lal Shah Huf, A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 41 / 2010 COMMISSIONER OF INCOME TAX, JAIPUR-II ,JAIPUR ----Appellant Versus M/S RAMESHWAR LAL SHAH HUF, A-16, SUBHASH NAGAR,SHASTRI NAGAR, JAIPUR ----Respondent Connected With D.B. Income Tax Appeal No. 49 / 2010 COMMISSIONER OF INCOME TAX, JAIPUR-II ,JAIPUR ----Appellant Versus M/S RAMESHWAR LAL SHAH HUF, A-16, SUBHASH NAGAR, SHASTRI NAGAR, JAIPUR _____________________________________________________ For Appellant(s) : Mr. R.B. Mathur with Mr. Prateek Kedawat For Respondent(s) : Mr. Gunjan Pathak _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE INDERJEET SINGH Order 08/08/2017 1.By way of these appeals, the appellant has challenged thejudgment and order passed by the tribunal whereby the tribunalhas dismissed the appeals of the appellant-revenue. 2.This court while admitting Appeal No.41/2010 on 19.10.2010 has framed following substantial question of law:- “Whether in the facts and circumstances of thecase, the ITAT has acted perversely and illegallyin holding that once both debits and credits are considered unexplained then peak is to beascertained by considering all such entries inbank account besides entries of cashdeposit/withdrawal despite the fact that evidenceregarding utilization of draft and TT is not there?” 3.While admitting Appeal NO.49/2010 on 10.03.2010, this court has framed following substantial question of law:- “Whether in the facts and circumstances of thecase, the ITAT and has acted perversely andillegally and was justified in confirming the orderof C.I.T.(A) deleting the additions made underSection 68 by the Assessing Officer?” 4.We have heard learned counsel for the parties. 5.Since, there is concurrent findings of fact, we find no reasonto interfere in the orders of the authorities below. The questionsare answered in favour of the assessee and against thedepartment. 6.The appeals stand dismissed accordingly. (INDERJEET SINGH),J. (K.S. JHAVERI),J. Jyoti Item No.95-96