Itxa/655/2007 Of The Commissioner Of Income-Tax-25, Mumbai v. Swaran Singh Sokhey

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.655 OF 2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.655 OF 2007 The Comissioner of Income Tax ..Appellant. V/s. Shri Swaran Singh Sokhey & Ors. ..Respondents. Mr.N.A.Kazi for appellant. Mr.Niraj Shah i/b. Mint Confreres for respondents. CORAM : V.C.DAGA ANDJ.P.DEVADHAR, JJ. DATED : 29TH APRIL, 2009. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 29TH APRIL, 2009. P.C. :- P.C. :- 1. Heard learned counsel for the revenue and the respondents. The appeal seeks to raise the following questions of law :- a) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding with regard to setting aside reopening of the assessment under section 147 of the Income Tax Act by the assessing officer ? b) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs.47,00,000/- on account of brokerage expenses disallowed by the assessing officer in the assessment order ? 2. Looking to the findings recorded by the tribunal in para 7 of the order it is clear that Shri Pradeep Agarwal, Director of LLPL has confirmed the - = : 2 : = - transaction in question. He has also confirmed that M/s.LLPL filed I.T. returns offering a sum of Rs.47 lakhs in the profit & loss account. A complete details of I.T. records were also filed. The Tribunal has thus recorded that the onus which lay upon assessee has been duly discharged. Nothing is brought on record to the contrary. In this view of the matter, we find no substantial question of law is involved. The appeal is, therefore, dismissed in limini with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)