Principal Commissioner Income Tax Surat 3 v. Rameshbhai Haribhai Sutharia

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL No. 437 of 2018 ============================================================== PRINCIPAL COMMISSIONER INCOME TAX SURAT 3VersusRAMESHBHAI HARIBHAI SUTHARIA ============================================================== Appearance :Mr NIKUNT RAVAL for Mrs KALPANAK RAVAL, Advocate for the PETITIONER for the RESPONDENT============================================================== CORAM: HONOURABLE Mr. JUSTICE AKIL KURESHIandHONOURABLE Mr. JUSTICE B.N. KARIA5[th] May 2018 ORAL ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Ahmedabad dated 12[th] May 2017, raising the following question for our consideration : “Whether on the facts and circumstances of the case and in the ITAT was law,justified in upholding the decision of addition of Rs. 68,75,775/= made by the AO on the basis of the documents or books of accounts found in the possession or control of the assessee by ignoring the provisions of Section 292C of the Income-tax Act, 1961 ?” Material on record suggests that the CIT [A] and the Tribunal both concurrently came to a conclusion that the impounded material belonged to one Ramesh Goyani and not the assessee. It was, therefore, that the CIT [A] has permitted taking action against the said Ramesh Goyani and deleted the additions in case of the assessee. Issues are purely factual in nature. No question of law arises. Tax Appeal is dismissed. Prakash [Akil Kureshi, J.][B.N Karia, J.]