Itxa/1387/2008 Of The Commissioner Of Income Tax-Ii, Kolhapur v. P.p.p. And Associates ,Kolhapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION The Commissioner of Income-tax-,... Appellant. V/s. P.P.P. And Associates. ... Respondent. Vimal Gupta for the appellant. None for the respondent. P.C. : Heard learned counsel for the appellant. 2.The questions sought to be raised in these appeals revolves around the appreciation of evidence on record. The Tribunal has recorded finding of fact reading as under: �..... This is one of the reason on which we are not convinced with the view of the revenue authorities rather we appreciate this arguments of learned A.R. that once total credits as appearing in the several bank account was taken into account for the purpose of computation of total turnover and thereupon net profit rate was applied, then it was illogically ignored to again carve out figure of peak credits to be taxed by invoking provisions of section 69A of I.T.Act, in the light of the reasons assigned hereinabove we are of the considered view that there should not be any addition in respect of peak credits for A.Y.1999-00. Ground allowed.� 3.In view of the aforesaid finding of fact based on appreciation of evidence on record, we find no fault with the said finding. No substantial question of law is involved. Appeal is, thus, dismissed in limine with no order as to costs. (J.P.DEVADHAR, J.)