Ita/255/2009 Of The Commissioner Of Income Tax v. N.k.mustaffa

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 ITA.No. 255 of 2009() --------------------- ITA.75/2001 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/RESPONDENT ---------------------------------------- THE COMMISSIONER OF INCOME TAX, KOZHIKODE. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ N.K.MUSTAFA, NATIONAL GLASS MART, MAIN ROAD, QUILANDY. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &C.K.ABDUL REHIM, JJ. .................................................................... I.T. Appeal No.255 of 2009 ....................................................................Dated this the 27th day of August, 2009. JUDGMENT Ramachandran Nair, J. Question raised is whether the Tribunal was justified in confirming deletion of the unexplained cash credit. However, we findthat both the lower authorities allowed the claim because they felt thatafter making addition towards income from unaccounted business,there is no scope for addition of cash credits which were found to bebogus. We do not find any substantial question of law arising fromthe order of the Tribunal because cash credits are found by the Tribunalto be entries towards source of fund from undisclosed business.Consequently the appeal is dismissed. C.N.RAMACHANDRAN NAIRJudge C.K.ABDUL REHIM Judge