Commissioner Of Income Tax v. Shri Dilip Suryavanshi

Commissioner of Income Tax Vs. Shri Dilip Suryavanshi 19.03.2014. Shri Sanjay Lal for the appellant. This is revenue’s appeal under section 260-A of the Income Tax Act, 1961 calling in question the concurrent orders passed by the appellate authority and the Income Tax Appellate Tribunal in the matter of permitting deletion of a sum of `3,34,16,321/- from the assessment order passed in the matter of assessing income of the respondent for the assessment year 2007-08. The assessee submitted his return of income as an individual for the assessment year in question and showed a total income of `4,09,04,860/-. The appellant is engaged in the business of civil construction and owns a proprietary concern M/s Dilip Builders. On scrutiny by the Assessing Officer, the AO found that an amount of `3,34,16,321/- on account of labour expenses have been claimed for the assessment year, but as details of sundry creditors alongwith their confirmation were not available, the amount was disallowed. However, on an appeal being filed, the appellate authority found that the assessee has filed confirmation in respect of 21 outstanding creditors, had also given addresses and particulars of all other persons and confirmation were also filed. Finding the assessee to have explained expenses to the tune of `3,34,16,321/-, both the Commissioner (Appeals) and the Appellate Tribunal has deleted this amount. The concurrent findings in the matter of deletion as ordered by the authorities concerned is based on due appreciation of the evidence and material that came on record. In doing so, no error has been committed by the authorities, which warrants interference in the matter. The finding is a pure question of fact based on the material adduced by the assessee and no substantial question of law arises for consideration in the matter. Accordingly, finding no ground for indulgence, the appeal is dismissed. ( RAJENDRA MENON ) ( SMT. VIMLA JAIN ) J U D G E J U D G E Aks/-