Itxa/3634/2009 Of The Commissioner Of Income Tax 17 Mumbai v. Manoj M. Thakkar

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3634 OF 2009 The Commissioner of Income Tax - 17, ..Appellant. V/s. Shri Manoj M. Thakkar ..Respondent. Mr. D.K. Kamwal for appellant. Mr. F.V. Irani with A.K. Jasani for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 22ND NOVEMBER, 2010 P.C. :- 1.Heard counsel for the parties. According to the Revenue, the following questions of law arise out of the order of the ITAT dated 30/1/2009 for the Block Period 01/04/1988 to 10/03/1999:- (A)Whether the on the facts and in the circumstances of the case in law, the ITAT is justified in the deleting the additions referred to at the outset ?law, the ITAT is justified in the deleting the additions referred to at the outset ? (B)On the facts and in the circumstances of the case and in law, the ITAT erred in directing the deletion of the following additions:-ITAT erred in directing the deletion of the following additions:- 2 itxa3634-09 (1) Unaccounted foreign travel expenses of Rs.1,50,000/-. (2) Undisclosed income from tanker hiring charges of Rs. 9,58,125/-.9,58,125/-. (3) Unrecorded transactions recorded on seized loose paper, of Rs.5,00,000/- &Rs.5,00,000/- & (4) Unaccounted cash found during the course of search of Rs. 23,11,000/- ?23,11,000/- ? 2.As regards the unaccounted foreign travel expenses of Rs.1,50,000/- is concerned, the CIT(A) as well as the Tribunal (para Nos.2 to 5 of the judgment) have recorded a finding of fact the assessing officer has made the above addition on mere surmise and has not brought any evidence for such addition. No fault can be found with the finding of fact recorded by the Tribunal. 3.As regards the undisclosed income of Rs.9,58,125/- is concerned, the Tribunal has held that the assessee was maintaining the books of accounts for all the years and that the assessing officer has not found anything which suggests that there is undisclosed income nor found any evidence during the course of search which can show that the income is undisclosed. In such a case, no addition could be made in block assessment as held by this Court in the case of Commissioner of Income Tax v/s. Vikram A. Doshi reported in [2002] 256 ITR 129. Hence no fault can be found with the findings recorded by the Tribunal. 4.As regards the remaining issues are concerned, the Tribunal has recorded a finding of fact that during the course of search itself, Atul M. Thakkar had declared undisclosed income of Rs.25,00,000/- inclusive of cash amount of Rs.23,11,000/- found during the course of search which in turn included the amount of Rs.5,00,000/- mentioned in the seized paper. In this view of the matter, since the entire decision of the Tribunal is based on findings of fact, in our opinion, no substantial questions of law arises from the order of the Tribunal. The appeal is accordingly dismissed with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)