The Commissioner Of Income Tax-10 v. Digumarti Venkatram Gopal

bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2650 OF 2011 The Commissioner of Income Tax-10 … Appellant v/s Digumarti Venkatram Gopal … Respondent Mr.Tejveer Singh for the appellant. Mr.J.K. Jadhav for the respondent. CORAM: S.C. DHARMADHIKARI & G.S. KULKARNI, JJ. DATED : 7TH MAY, 2014 P. C. : 1This appeal is challenging the order passed by the Income Tax Appellate Tribunal dated 30[th] March, 2011. The assessment order in question is 2006-2007. The revenue submits that the appeal raises a substantial question of law and particularly with regard to the benefit under Section 54 of the Income Tax Act, 1961. 2We have heard Mr.Tejveer Singh, learned advocate appearing on behalf of revenue in support of this appeal and Mr.Jadhav, learned advocate appearing on behalf of the respondent. We have perused the order passed by the Income Tax Appellate Tribunal. The facts are not in dispute. The Tribunal has on facts found that the assessee had made a technical violation, according to the Assessing Officer. However, the assessee had not utilized the amount in question of Rs.39,00,000/- as the same was always kept by the assessee in their same bank either in the Fixed Deposit or in the Saving Bank Account. It is, in these circumstances, the Assessing Officer, only because of a change of heading, sought to proceed against the assessee. For the reasons that have been stated in paragraph 12 of the order under challenge, we are of the opinion that no wider or larger controversy need be gone into. The view taken by the Tribunal is in consonance with the legal principles. It has, therefore, not committed any error of law apparent on the face of the record or perversity. The appeal is, therefore, dismissed. (G.S. KULKARNI, J.) (S.C.DHARMADHIKARI, J.)