Itxa/1079/2004 Of The Commissioner Of Income Tax City-13, Mumbai v. Smt. Bharti S. Khandhar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1079 OF 2004 The Commissioner of Income Tax ..Appellant. V/s. Smt. Bharati S. Khandhar ..Respondent. Mr. A.S. Shivsharan for appellant. Mr. K.C. Pandey for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 5TH OCTOBER, 2009. P.C. :- 1.Heard learned counsel for the rival parties. Perused appeal. 2. The appeal was admitted on 18th December, 2007 on the following substantial question of law:- " The substantial question of law arises in the present appeal is regarding the correct interpretation of section 68 of the Income Tax Act, and whether in the facts and circumstances of the case and in law, the Tribunal is right in deleting the additions made by the assessing officer of Rs.6,52,55,912/- made under section 68 of the Act ? " 3.The affidavit filed by Mr. Surendra M. Khandar is taken on record. In the said affidavit he has made an unequivocal statement on oath that he has accepted the additions of the peak of all the parties marked as annexure 3 of 110 bank accounts which includes the addition of Rs. 6,52,55,912/-. In this view of the matter, the deletion of additions cannot be faulted. The view taken by the Tribunal is a reasonable and possible view. No perversity in the order could be pointed out by the learned counsel for the Revenue. In this backdrop, no substantial question of law warranting adjudication is involved in the appeal. The appeal is thus dismissed with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)