Ita/178/2002 Of The Commr. Of Income Tax v. S.sadasiva Sait

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 ITA.No. 178 of 2002() --------------------- APPELLANT/APPELLANT:- ------------------------------------ THE COMMISSIONER OF INCOME TAX,COCHIN BY ADV. SRI.P.K.R.MENON(SR.),SR.COUNSEL FOR IT RESPONDENT: RESPONDENT:- ------------------------------------------ SHRI S.SADASIVA SAIT,TRICHUR BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. Ramachandran Nair &T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - I.T.A.NO.178 of 2002 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 21[st] day of February, 2008. JUDGMENT C.N. Ramachandran Nair, J. The question raised in this appeal filed by the Revenue against theorder of the Tribunal pertains to addition of Rs.17 lakhs made by the officerwhich was deleted by the first appellate authority and confirmed by theTribunal. The amount represents capital introduced by the assessee in afirm of which he was a partner. Even though the assessee did not furnishdetails before the assessing officer, the entire details of investments werefurnished before the first appellate authority, who accepted the same anddeleted the addition. We find from the order of the Tribunal that theTribunal re-examined the evidence and documents produced regarding thesource of investments. We do not find any question of law arising from the order of theTribunal, because what was done is only acceptance of documentary ITA 178/2002 -2- evidence pertaining to investments. We, therefore, dismiss this appeal filed by the Revenue. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ ITA 178/2002 -3- C.N. Ramachandran Nair &T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - I.T.A.NO.178 of 2002. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 21[th] February, 2008.