Commissioner Of Income Tax v. M/S.kgk Jewellery Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1377 of 2008 Commissioner of Income Tax.....Appellant Vs. M/s.KGK Jewellery Pvt. Ltd. ..Respondent Mr. Suresh Kumar for the Appellant Mr. Jitendra Jain i/b. RMG Law Associates for the Respondent. CORAM: F.I.REBELLO& CORAM: F.I. CORAM: F.I. R.S.MOHITE, JJ. R.S.MOHITE, JJ. R.S.MOHITE, JJ. DATED: 9th February, 2009 DATED: 9th February, 2009 P.C.: P.C.: . The Revenue is in Appeal against the order of I.T.A.T., which confirmed the order of C.I.T. (Appeal). The only contention advanced on behalf of the Revenue is that the A.O. had examined the transaction between M/s.Unique Diamonds and M/s.Essar Enterprises and had found that the transaction not to be genuine. Both C.I.T. and I.T.A.T. have recorded that so far as supply made by M/s.Unique Diamonds to the appellant concerned the same cannot be questioned. The assessee is working in the SEEPZ area and has maintained the books. In these circumstances even if there be some doubt as to genuiness of the transaction between Essar Enterprises on one hand and Unique Diamonds on the other the transaction between Unique Diamonds and the assessee has not been doubted by the A.O. In the light of the above, in our opinion, the question of law as framed would not arise. Consequently, Appeal dismissed.