Itta/586/2014 Of Commissioner Of Income Tax-Ii v. M/S.hallmark Constructions

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A No.586 of 2014 DATE: 04.09.2014 Between:The Commissioner of Income Tax – II,Hyderabad.… AppellantAndM/s.Hallmark Constructions,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.586 of 2014 JUDGMENT:(per Sri Sanjay Kumar,J) This appeal by the Revenue seeks to raise the followingsuggested question of law: “In the facts and circumstances of the case,whether the Hon’ble Tribunal (ITAT) is correct in law inupholding the order of the Commissioner of IncomeTax (Appeals) in deleting the addition made by theAssessing Officer basing on the entries recorded inthe loose sheet found during the survey proceedingsunder Section 133A of the Income Tax Act 1961without appreciating that the Assessing Officer hasbrought enough corroborative evidence on record toprove that the Respondent-assessee has indulged intransactions outside the books of account?” Perusal of the order under appeal reflects that the issue wasdecided on a fact finding that the document in question was a dumbdocument and no additions could be made on that basis thereof. Weare not inclined to interfere with this fact finding by the lowerauthorities. The appeal is accordingly dismissed. No costs. _________________ K.J. SENGUPTA, CJ _________________ SANJAY KUMAR, J