D.b. Income Tax Appeal v. M/S. Sanghvi Marmo (Pvt.) Ltd

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANAT JAIPUR BENCH*** D.B. Income Tax Appeal No.173/2010Commissioner of Income Tax Vs. M/s. Sanghvi Marmo (Pvt.) Ltd. DATE OF ORDER : 24/11/2010 HON'BLE THE ACTING CHIEF JUSTICE MR.ARUN MISHRAHON'BLE MR. JUSTICE DALIP SINGH *** Mr.JK Singhi, for appellant This appeal has been preferred against theorder passed by the Income Tax AppellateTribunal. The question raised in the instant appealis that the Income Tax Appellate Tribunal isnot justified in deleting the addition made bythe Assessing Authority and affirmed by theCommissioner of Income Tax (Appeals) on accountof suppressed sale made by the assessee duringthe search carried out under Section 132 of theAct. The trading addition of Rs.65,000/- aswell as the addition made on account ofsuppressed/unaccounted sales was Rs.77,534/- It is apparent that the Income TaxAppellate Tribunal has taken into considerationvarious factual matrix and the seized materialand the inference, which was drawn by theIncome Tax Appellate Tribunal, is purely basedon question of facts. The additions made alsocannot be said to be much so as to warrantinterference in purely finding of fact. Even 2 otherwise, we do not find any justification ininterfering with the findings recorded by theIncome Tax Appellate Tribunal. No substantialquestion law is involved in the instant appeal.Consequently, the appeal is herebydismissed. , J. (ARUN MISHRA),ACTG.CJ. Raghu/p.2/173-ITA-2010-Final.doc