Income Officer, Spl. Inv. Ward-1, Patna v. Inter Pharmaceuticals (I) Pvt. Ltd, Ashok Cinema Building, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.504 of 2008 ====================================================== 1.Commissioner Of Income Tax Central, Patna 2.Income Officer, Spl. Inv. Ward-1, Patna. .... .... Appellant/s Versus Inter Pharmaceuticals (I) Pvt. Ltd, Ashok Cinema Building, Patna. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 7 26-02-2013 Heard learned counsel for the appellants. The present appeal arises from order dated 10[th] April 2008 passed by the Income Tax Appellant Tribunal, Patna Bench at Patna. While the Department filed an appeal against the order of the C.I.T. (A), Jamshedpur dated 28.11.2003 with regard to assessment years 1986-87 to 1992-93, the assessee/respondent filed cross objections. The cross objection of the assessee against 100% income with regard to payment received in absence of the proof for supply made against the same was dismissed by the C.I.T.(A). With regard to the claim for sales made to private parties C.I.T.(A) opined that no private person would make payments without Mahesh/- receipt of supplies and, therefore, took 10% of the sale to private parties as income of the assessee. We are satisfied that the view taken by the C.I.T.(A) affirmed by the Tribunal, is a reasonable possible view. The appeal does not arise any substantial question of law. The appeal is dismissed. (Navin Sinha, J) (Shivaji Pandey, J)