M/S.shabayesha Construction Co.pvt.ltd v. The Income Tax Officer 9(3)(1

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.722 OF 2009 M/s.Shabayesha Construction Co.Pvt.Ltd. Vs. The Income Tax Officer 9(3)(1) ..Appellant ..Respondent Mr.F.B.Andhyaruzina, Senior Advocate a/w.V.S.Hadade for appellant.Mr.P.S.Sahadevan i/b. Suresh Kumar for respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. 11[th] June,2009 DATE : P.C. 1.Heard learned Counsel for the parties. 2.So far as first three questions viz. 5(i) to 5(iii) are concerned, it relates to the addition of amount of Rs.3,92,500/- made as net profit in on-money receipt. All three questions are nothing but different shades of the same question. We were taken to the order of the Commissioner of Income Tax (Appeals) as well as the order of the Tribunal. Having gone through the same, it is absolutely clear, that the entire finding on these issues is based on the appreciation of evidence which can hardly be said to be substantial question of law. Appeal on these questions stand rejected. 3.So far as question Nos.5(iv) and 5(v) are concerned, both these questions are again different shades of the same question. However, the learned Counsel for the assessee placed reliance on the order dated 23[rd] March, 2009 passed by this Court in Assessee’s own case in Income Tax Appeal No.1020 of 2007, the Commissioner of Income Tax Vs.M/s.Shabayesha Construction Pvt.Ltd. Both parties agree that the impugned order to the extent it relates to the question Nos.5(iv) and 5(v) reproduced hereinbelow is concerned, be set aside and matter be remanded back to the Tribunal for consideration afresh in the light of the judgment of this Court dated 23[rd] March,2009. REMANDED QUESTIONS 5(iv)On the facts and in the circumstances of the case, whether the Income Tax Appellate Tribunal was right in law, in confirming the C.I.T.(A)’s order, sustaining the addition of dividend income of Rs.1,11,106/- in the hands of the appellant ? 5(v) On the facts and in the circumstances of the case, whether Tribunal had any material before it to sustain the order of the C.I.T.(A) holding that the dividend income of Rs.1,11,106/- is taxable in the hands of the appellant ? 4.In the above view of the matter, matter is remanded back to the Tribunal for consideration afresh on the questions mentioned hereinabove. The Tribunal is expected to decide the matter on its own merits in accordance with law as expeditiously as possible. Appeal is partly allowed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)