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Commissioner Of Income Tax,Central-I, Kolkata v. Ankita Finvest Pvt. Ltd

High Court 19 Dec 2023 In favour of: Assessee
Forum / Bench
High Court · calcutta_original_side
Parties
Commissioner Of Income Tax,Central-I, Kolkata v. Ankita Finvest Pvt. Ltd
Date of order
19 Dec 2023
Assessment year(s)
2005-06
Outcome
Dismissed

Case summary

In Commissioner Of Income Tax,Central-I, Kolkata v. Ankita Finvest Pvt. Ltd, the High Court (2023) dismissed the appeal. The decision went in favour of the assessee.

Decision: The appeal (ITA/13/2011) is dismissed.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

ITA/13/2011 IN THE HIGH COURT AT CALCUTTASPECIAL JURISDICTION (Income Tax)ORIGINAL SIDE COMMISSIONER OF INCOME TAX,CENTRAL-I, KOLKATA -Versus- ANKITA FINVEST PVT. LTD. BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANIAndTHE HON’BLE JUSTICE RAJARSHI BHARADWAJDate : 19[th] December, 2023 Appearance:Mr. Amit Sharma, Adv.…for the appellant. The Court : We have heard Mr. Amit Sharma, learnedcounsel for the appellant. This appeal was admitted on 22[nd] December, 2010 on the following substantial question of law. “(I) Whether the learned Tribunal came to afact finding while confirming the order of CIT(A)without relying on any acceptable materials, in otherwords perverse ?” We have perused the impugned order of the Income TaxAppellate Tribunal, “C” Bench, Kolkata dated 30[th] April, 2010for the assessment year 2005-06 in ITA No.2011(Kol) of 2008 and we find that the findings recorded by the Tribunal are based onconsideration of relevant material on record. We repeatedlyrequested the learned counsel for the appellant to point outany perversity in the findings recorded by the Tribunal, butthe learned counsel could not point out any perversity. For all the reasons aforestated, we find nointerference is required in the findings of fact. Thus, thesubstantial question of law is answered against the revenue andin favour of the assessee. The appeal (ITA/13/2011) is dismissed. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) As.
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