Itta/383/2013 Of Commissioner Of Income Tax - I v. B.v.bangara Raju

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A No.383 of 2013 [(SR) No.1340 OF 2009] DATED:14.8.2013 Between:The Commissioner of Income Tax,Visakhapatnam. … Appellant And Sri B.V. Bangara Raju,Visakhapatnam. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A No.383 of 2013 [(SR) No.1340 OF 2009] Oral Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We have heard the learned counsel for the appellant and have gone through the impugned judgment and order of thelearned Tribunal. It appears, the learned Tribunal has come to a fact finding that there was no incriminating material to show that somemoney was passed. T h e assessee as well as the buildermaintained books of account and the transaction was dulyrecorded in the books. No effort was made by the AssessingOfficer to dislodge the claim of the assessee that the paymentswere made towards purchase of a portion of the ground floor aswell as towards the cost of tiles. Under the circumstances, we do not find that any elementof law is involved in this matter. Accordingly, the appeal isdismissed. ___________________ K.J. SENGUPTA, CJ ____________ K.C. BHANU, J 14.8.2013 PNB