Principal Commissioner Of Income Tax 4 v. Winners Business Link Pvt Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL No. 178 of 2018 ============================================================= PRINCIPAL COMMISSIONER OF INCOME TAX 4VersusWINNERS BUSINESS LINK PVT LTD ============================================================= Appearance :Mr M.R BHATT, Sr Advocate with Mrs MAUNA M BHATT, Advocate for the PETITIONER============================================================= CORAM:HONOURABLE Mr. JUSTICE AKIL KURESHIandHONOURABLE Mr. JUSTICE B.N. KARIA19[th] March 2018andHONOURABLE Mr. JUSTICE B.N. KARIA19[th] March 2018 ORAL ORDER(PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal, Bangalore dated 9[th] August 2017 raising the following questions for our consideration :- [A]“Whether the Tribunal is correct in law and on facts in deleting the addition of Rs. 2,65,16,100/= made by the Assessing Officer after rejecting the assessee’s method of accounting ?” [B]“Whether the Tribunal is correct in law and on facts in upholding the decision of CIT [A] in restricting the disallowance to 5% instead of 10% made by the Assessing Officer under Sectio 37 [1] of the Act ?” Regarding Question No. 1, counsel for the Revenue pointed out that by an elaborate order passed in Tax Appeal No. 333 of 2017 dated 6[th] June 2017, this Court has turned down the question under similar circumstances. Without recording separate reasons, therefore, this question is not considered. Regarding 2[nd] question, we notice that the same is based entirely on appreciation of facts on record. No question of law arises. Tax Appeal is dismissed. {Akil Kureshi, J.} Prakash {B.N Karia, J.}