Ita/57/2013 Of Commissioner Income Tax v. Mr. Arun Sahlot

HIGH COURT OF MADHYA PRADESH PRINCIPALSEAT AT JABALPUR (Division Bench: Hon'ble Shri Justice S.K. Gangele &Hon'ble Shri Justice Anurag Shrivastava) ITA No. 57/2013. Commissioner of Income Tax, Bhopal (M.P.)VersusMr. Arun Sahlot E-3/10 Erera Colony , Bhopal (M.P.) ********** Shri Sanjay Lal, learned counsel for the appellant.Shri Sumit Nema, learned counsel for the respondent.********** JUDGMENT(Pronounced on 02/05/2017) Per S.K. Gangele J This appeal was admitted vide order dated17/06/2014 on the following substantial questions of law. “1.Whether on the facts and in the circumstancesof the case, the ITAT was justified in law in settingaside the addition under Section 2(22)(e) made bythe AO on account of payments by Raj Homes Pvt.Ltd to Shri Arun Sahlot and his proprietary concernsArun Associates and Raj Industries, with thedirection to examine such aspects as commercialexigency of the loan and terms of loan even thoughaspects are not relevant u/s 2(22)(e)?. 2.Whether on the facts and in the circumstancesof the case, the ITAT was justified in law in settingaside the additions on account of deemed dividend inA.Ys. 2003-04 to A.Y. 2006-07 with directions to theAssessing Officer to verify if information regardingdeemed dividends was found during the search eventhough there is no such requirement u/s 153A?.” 2.We have considered the facts in detail. The IncomeTax Appellate Tribunal decided all the appeals by acommon order. The facts in question of law involved in thisappeal are same which were involved in ITA No. 56/2013,hence the present appeal is also disposed of in terms ofthe judgment passed today in ITA No. 56/2013. Theappeal is dismissed accordingly. No order as to costs. 3.Office is directed to place a photocopy of thejudgment passed today in ITA No. 56/2013 in the file ofthis appeal. (S.K. GANGELE) JUDGE (ANURAG SHRIVASTAVA)JUDGE