The Commissioner Of Income Tax – 24, Mumbai v. Roshanlal B. Dangi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.553 OF 2007 The Commissioner of Income Tax – 24, Mumbai..Appellant. Versus Roshanlal B. Dangi ..Respondent. Mr.N.A. Kazi for the appellant.None for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 4TH SEPTEMBER 2009 P.C. : 1.The appeal was admitted on 12-2-2009 on the following questions of law : a)Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs.11,89,550/- made on account of alleged unaccounted income from sale of jewellery which are declared under the VDIS 1997 ? b)Whether on the facts and circumstances of the case and in law, the ITAT was justified in not appreciating the facts that the statement of confession of Shri Vishnu Dattu Trivedi is backed by the non-refundable evidence in the shape of paying slip in the banks, cash deposits and existence of bogus creditors and non existence of stock during the course of survey ? c)Whether the ITAT was justified in coming to the conclusion that the confession once made has sufficient evidentiary value and retraction made subsequently is of no consequences in the light of ratio laid down by the Hon’ble Supreme Court of India in the case of Surjeet Singh Chhabda V/s. Union of India, reported in 89 ELT 646 (SC) ? 2.The learned counsel for the revenue fairly states that the issue sought to be raised in this appeal is covered by the Division Bench judgment of this Court in Income Tax Appeal No.634 of 2009 (CIT V/s. Uttamchand Jain) decided on2-7-2009. 3.In this view of the matter there is no merit in the appeal. The questions are accordingly answered in favour of the assessee and against the revenue. The appeal is thus dismissed with no order as to costs. (J.P. Devadhar, J.)(V.C. Daga, J.)