Itta/392/2013 Of The Commissioner Of Income Tax Iv v. M/S. Nava Bharat Ferro Alloys Ltd

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.392 OF 2013 DATED:5.9.2013 Between:The Commissioner of Income Tax IV,Hyderabad. … Appellant And M/s. Nava Bharat Ferro Alloys Ltd.,Hyderabad. ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No.392 OF 2013 Judgment:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order ofthe learned Tribunal and is sought to be admitted on thefollowing suggested questions of law: 1)Whether on the facts and in the circumstancesof the case and in law, the order of the Tribunal inignoring the evidence that no services wererendered by M/s. Globe Marketing Corporation Ltd.,is not perverse and liable to be set aside ?of the case and in law, the order of the Tribunal inignoring the evidence that no services wererendered by M/s. Globe Marketing Corporation Ltd.,is not perverse and liable to be set aside ? 2)Whether on the facts and in the circumstancesof the case and in law, the Tribunal is correct inappreciating the fact that the assessee did not leadby evidence, the alleged rendering of services byM/s. Globe Marketing Services Ltd., and thereforeought to have sustained the disallowance of freightcharges ?of the case and in law, the Tribunal is correct inappreciating the fact that the assessee did not leadby evidence, the alleged rendering of services byM/s. Globe Marketing Services Ltd., and thereforeought to have sustained the disallowance of freightcharges ? We have heard the learned counsel for the parties andhave gone through the impugned judgment and order of thelearned Tribunal. The learned Tribunal came to the conclusion that therewas no evidence to suggest that M/s. DMMIL supplied inferiorquality of raw materials. It was further found that the finding of the Assessing Officer that the material supplied is of inferiorquality is based on surmises and conjectures. When this hasbeen clearly recorded by the learned Tribunal, this Court cannotadmit the appeal to reach a further fact finding since there is noelement of law is involved in the matter. The appeal is accordingly dismissed. ___________________ K.J. SENGUPTA, CJ ____________ K.C. BHANU, J 5.9.2013 PNB