Itta/211/2013 Of Commissioner Of Income Tax-Vi v. M/S. Madras Chakkar Beedi Factory Pvt.ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A.No.211 of 2013 DATED: 5.7.2013 Between:Commissioner of Income Tax-Iv,Hyderabad. … Appellant And Madras Chakkar Beedi Factory Pvt. Ltd.,Warangal. … Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A.No.211 of 2013 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) After hearing the learned counsel for the appellant and after goingthrough the impugned judgment and order, we are not inclined to admitthe appeal as the learned Tribunal has found that the AdministrativeCommissioner has exercised his power under Section 263 of the IncomeTax Act, 1961 illegally. As the basis of exercise of power was atelephonic information derived ex-parte from the L.I.C. authorities and onthe basis of such information, the Administrative Commissioner thoughtthat a sum of Rs.68,03,938/- was withdrawn by the assessee and thesame was included as an income. On fact, the Tribunal found that thatwas not the correct factual position. Hence, the aforesaid amount wasaccordingly deleted. Thereafter, the learned Tribunal found that theassessee has paid a sum of Rs. 1,28,18,237/- towards Group GratuityScheme and this payment was not taken into consideration and theAdministrative Commissioner proceeded entirely on the basis ofsurmises. When the payment towards Group Gratuity Scheme wasmade, this amount should have been taken into consideration and thelearned Tribunal has found so and granted the appropriate relief. Therewas no error on the part of the learned Tribunal. Therefore, we do not like to interfere with the judgment of Tribunal. As such, the question of element of law is completely missing. Therefore, this appeal is dismissed. ________________ K.J. SENGUPTA, CJ _____________ G. ROHINI, J 05.07.2013pnb