Commissioner Of Income Tax, Jamshedpur v. Sri Mangilal Chawla

IN THE HIGH COURT OF JHARKHAND AT RANCHI T.A. No. 11 of 2007 --- Commissioner of Income Tax, Jamshedpur--- --- ---Appellant Versus Sri Mangilal Chawla -- -- -- Respondent --- Coram: Hon'ble the Chief Justice Hon'ble Mr. Justice Aparesh Kumar Singh --- For the Appellant: Mr. Deepak Roshan, Advocates For the Respondent: Mr. Binod Poddar, Sr. Advocate, Mr. Ajay Poddar, Advocate --- Order No. 06Dated 28th November 2013 --- Heard learned counsel for the appellant as well as learned counsel for the respondent. This appeal is admitted for hearing on the following substantial question of law. A. Whether on the facts and in the circumstances of the case, the ITAT was correct and justified in upholding the order of CIT (A) who deleted the addition vide his order dated 24.12.2004 on the ground that there was no undisclosed income in the case of respondent on the basis of inadequate and insufficient evidence furnished by the respondent regarding earning of income to the extent of Rs. 14,95,428/-?B. Whether on the facts and in the circumstances of the case, where the respondent merely accepts an income as having arisen to it without initiating any steps in making disclosure thereof by filing a return of income, the relatable income is liable to be excluded from the undisclosed income if the accrual of income is detected in the course of search & seizure action carried out in its case? (R. Banumathi, C.J.) (Aparesh Kumar Singh, J)