D.b. Income Tax Appeal v. Shri Sardar Singh & Party

D.B. INCOME TAX APPEAL NO.140/2006 (CIT, Udaipur Vs. Shri Sardar Singh & Party) Date of order : 12.12.2006 HON'BLE MR. JUSTICE RAJESH BALIAHON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.K. Bissa, for the appellant. We have heard learned counsel for theappellant. This appeal is directed against the order ofIncome Tax Appellate Tribunal, Jodhpur Bench, Jodhpurdated 2.6.2005 by which the Tribunal has upheld theorder of CIT (Appeals), reducing the additions made bythe assessing officer in the income returned by theassessee for the assessment year 1996-97 inter alia onthe ground that the assessee who is a licencee of theexclusive privilege of the State to deal in alcoholfit for human consumption, has paid a sum ofRs.1,26,05,326/- as short fall in payment for notlifting the contracted quantity of liquor andlikewise, the assessee was made to pay Rs.47,64,557/-on account of short fall of guarantee money in respectof IMFL and beer. Taking into consideration, thisloss, Tribunal found that in the business of countryliquor as well as IMFL, the gross profit rate declaredin both these cases would be far better than the arun comparable cases of other licensee. Therefore,reduction in the additions was found to be in orderand interference was not made. We are of the opinion that the finding isfinding of fact and is squarely governed by decisionrendered by this Court in DB Income Tax AppealNo.72/2005 (Commissioner of Income Tax, Udaipur Vs.M/s. Om Prakash Mula Ram & Party) and another decisionin DB Income Tax Appeal No.65/2005 (Commissioner ofIncome Tax, Udaipur Vs. M/s. Sukh Dev Kailash Chandra& Party) whereby the reduction made by the assessingofficer for the like reasons was held to be not givingrise to any substantial question of law. Accordingly, the appeal fails and is herebydismissed. (GOPAL KRISHAN VYAS), J. (RAJESH BALIA), J.