Principal Commissioner Of Income Tax v. M/S Tirupati Construction

1 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (Principal Commissioner of Income Tax vs. M/s Tirupati Construction) Indore, dated : 06.12.2017 Ms. Veena Mandlik, learned counsel for the appellant. Shri P. M. Choudhari, learned Senior Counsel for the respondent.Heard on the question of admission. The present appeal is arising out of assessment order dated 09.02.2015 passed under Section 143(3) r/w 263 of the Income Tax Act, 1961. Facts of the case are that the original assessment order under Section 143(3) of the Income Tax Act was completed on 01.06.2011, accepting the returned income. The CIT vide order under Section 263 of the Act dated 28.03.2014, set aside the order of the Assessing Officer. The Assessing Officer made the assessment and passed the order under Section 143 (3) read with Section 263 of the Act on 09.02.2015 and made addition of Rs.41,84,076/- on account of cash payment made to Shankar Singh Yadav during the assessment year 2009-10 for purchase of land by invoking the provisions of Section 40-A (3) of the Act. In the meanwhile, the respondent filed appeal before the Tribunal against the order passed by the CIT under Section 263 of the Act dated 28.03.2014. The Tribunal vide its order dated 30.09.2015 passed in ITA No.420/IND/2014 for the assessment year 2009-10 set aside the order of CIT and restored back the order of the assessing officer. The revenue challenged the said order dated 30.09.2015 by filing Income Tax Appeal No.14/2016. On 17.08.2016, the appeal was dismissed. Against the dismissal of the appeal, the Review Petition No.326/2015, was filed. The Division Bench of this Court dismissed the review petition 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE (Principal Commissioner of Income Tax vs. M/s Tirupati Construction) on 11.04.2017. Learned counsel for the appellant submits that in view of the dismissal of the ITA No.14/2016 and R.P. No.326/2016, the present appeal has no merit nor any substantial question of law is arising in this appeal. In fact, the appeal has rendered infructuous and, hence, dismissed. (P. K. Jaiswal) Judge (Virender Singh)Judge Digitally signed by Geeta Pramod Date: 2017.12.12 14:08:57 +05'30'