Itta/520/2011 Of Commissioner Of Income Tax-V v. Sri Ch. Jawahar Babu

THE HONOURABLE SRI JUSTICE GODA RAGHURAMANDTHE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO ITTA No. 520 of 2011 Dated: 14-08-2012 Between: Commissioner of Income Tax-VHyderabad And Ch.Jawahar Babu. …Appellant …Respondent. Judgment(Per Hon’ble Sri Justice Goda Raghuram) This appeal by the Revenue under Section 260-A of the Income TaxAct, 1961 is directed against the common order of the Income Tax AppellateTribunal, Hyderabad Bench dated 28-8-2009 in four appeals ITA Nos. 1752to 1755/Hyd/2008, preferred by the assessee and the Revenue pertaining tothe assessment years 2002-03 to 2005-06. The cross-appeals by theassessee and by the Revenue were filed against the four separate orders ofthe CIT (A), dated 10-10-2008. The present appeal is directed against theorder of the Tribunal insofar as it pertains to ITA No. 1755/Hyd/2008. It is brought to our notice very fairly by the learned Senior StandingCounsel for Income Tax Sri B.Narasimha Sharma that ITTA No. 522 of2011, also preferred by the Revenue against the same order of the Tribunal,was dismissed by this Court on 16-2-2012 on the ground that the said appealraised an issue of fact; on the Tribunal having come to the conclusion thatthe transaction was genuine and as there was no material on record tosuggest to the contrary, no substantial question of law arose forconsideration. For the reasons alike as recorded by this Court in ITTA No. 522 of2011, by the order dated 16-2-2012, this appeal is also dismissed as nosubstantial question of law arises for consideration, warranting appellatescrutiny under Section 260-A of the Income Tax Act, 1961. No costs. _________________________ GODA RAGHURAM, J 14[th] August, 2012 _______________________________ M.S.RAMACHANDRA RAO, J