Shri Sudhir Kumar Sharma v. The Commissioner Of Income Tax-Iii, Ayakar Bhawan,Rishi Nagar, Ludhiana

[1] IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 129 of 2014Decided on : 08.07.2014 Shri Sudhir Kumar Sharma Versus The Commissioner of Income Tax-III, Ayakar Bhawan,Rishi Nagar, Ludhiana . . . Appellant . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE JASPAL SINGH PRESENT: Mr. Sanjay Bansal, Sr. Advocate with Ms. Rajni Pal, Advocate for the appellant. **** AJAY KUMAR MITTAL, J. (Oral) This order shall dispose of ITA Nos. 129 and 130 of 2014, as according to the learned counsel for the appellant, the issues involved therein are similar. The following substantial questions of law have been claimed in the appeals: “a)Whether on the facts and in the circumstances of the case, the Tribunal while affirming the order passed the Assessing Officer acted illegally and perversely in recording its conclusions based on irrelevant findings and in ignoring uncontroverted relevant material on record ?case, the Tribunal while affirming the order passed the Assessing Officer acted illegally and perversely in recording its conclusions based on irrelevant findings and in ignoring uncontroverted relevant material on record ? b)Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in applying the provisions of Section 68 of the Income Tax Act, 1961, while affirming the additions made by the Assessing Officer ?case, the Tribunal was legally correct in applying the provisions of Section 68 of the Income Tax Act, 1961, while affirming the additions made by the Assessing Officer ? c)Whether on the facts and in the circumstances of the case, the Tribunal was legally correct in sustaining the addition made under Section 68 of the Income Tax Act, 1961 by the Assessing Officer contrary to the principles case, the Tribunal was legally correct in sustaining the addition made under Section 68 of the Income Tax Act, 1961 by the Assessing Officer contrary to the principles of natural justice and in undue haste ? d)Whether on the facts and circumstances of the case, the impugned order passed by the Tribunal is perverse and a result of total application of mind ?” 2.Learned counsel for the appellant fairly conceded that the issues raised in the present appeals stand concluded by the decision of this Court in ITA No. 122 of 2014, titled as “Shri Sudhir Kumar Sharma (HUF) Vs. The Commissioner of Income Tax-III, Ayakar Bhawan, Rishi Nagar, Ludhiana”, decided on 12.05.2014, whereby, similar questions raised therein have been adjudicated against the assessee and identical appeals have been dismissed. 3.In view of the above, the present appeals are also dismissed. (AJAY KUMAR MITTAL) JUDGE July 08, 2014 J.Ram (JASPAL SINGH) JUDGE