Itxa/649/2007 Of The Commissioner Of Income-Tax.city-Iv, Mumbai v. M/S Mahbir Dyeing And Printing Mills (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.649 OF 2007 INCOME TAX APPEAL NO.649 OF 2007 INCOME TAX APPEAL NO.649 OF 2007 The Commissioner of Income Tax ..Appellant. V/s. M/s.Mahabir Dyeing & Printing Mills (P) Ltd. ..Respondent. Mr.Vimal Gupta for applicant. Dr.K.Shivram with P.S.Savla for respondent. CORAM : P.B.MAJMUDAR ANDJ.P.DEVADHAR, JJ. DATED : 8TH DECEMBER, 2008. CORAM : P.B.MAJMUDAR AND J.P.DEVADHAR, JJ. DATED : 8TH DECEMBER, 2008. P.C. :- P.C. :- 1. Heard learned counsel for the appellant. The revenue has filed this appeal challenging the order dated 21/07/2003 passed by the Income Tax Appellate Tribunal, Mumbai Bench-I. The dispute pertains to the assessment year 1992-93. 2. The Tribunal found that the undisclosed amount is the business income of the assessee. In this behalf, it has been found that the unaccounted profits earned by the assessee is from the business activity and the assessee had no other source of income except from the business transactions. The said finding is based on appreciation of evidence. - = : 2 : = - The Tribunal has also found that Revenue has not placed any evidence on record to establish that the assessee Company has other source of income, in addition to the business income. In our view, the said finding is a finding of fact and no substantial question of law arise in this appeal. Hence appeal is dismissed at the admission stage with no order as to costs. J.) (P.B.MAJMUDARJ.) (P.B.MAJMUDAR (P.B.MAJMUDAR (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)