Nma/1838/2009 Of The Commissioner Of Income Tax -12 , Mumbai v. Dinu M. Mathuria

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO.1838 OF 2009 INCOME TAX APPEAL (L) NO.1103 OF 2009 The Commissioner of Income Tax-12...Applicantv/s.Dinu M. Mathura......Respondent Mr.Suchitra Kamble for Applicant.Mr.V.S. Hadade for Respondent. ----- P.C.: 2.Appeal is admitted on the following substantial questions of law:- disclosed by the assessee under VDIS, 1997 and sum of Rs.1,22,100/- added under Section 69C being bogus commission @ 3% on sale despite the assessee failed to discharge the burden of proof placed upon itunder Section 68 of the Income Tax Act, 1961 ? 1997 and sum (b) Whether on the facts and circumstances of the case and in law, the Hon�ble ITAT was right in ignoring the fact that the assessee has filed declaration under VDIS on 04.11.1997 and allegedly sold the diamonds on 05.11.1997 whereas the declaration under VDIS, 97 has been accepted by the CIT by way of issuing certificate under Section 68(2) only on 19.12.1997 ?in law, the Hon�ble ITAT was right in ignoring the fact that the assessee has filed declaration under VDIS on 04.11.1997 and allegedly sold the diamonds on 05.11.1997 whereas the declaration under VDIS, 97 has been accepted by the CIT by way of issuing certificate under Section 68(2) only on 19.12.1997 ? [J.P. DEVADHAR, J.] [V.C. DAGA, J.]