The Commissioner Of Income Tax - 24 v. M/S.balaji Developers

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 2508 OF 2011 The Commissioner of Income Tax - 24 ..... Appellant Vs. M/s.Balaji Developers ..... Respondent Mr.A.K.Saxena for the Appellant. None for the Respondent. CORAM : DR.D.Y.CHANDRACHUD &R.D. DHANUKA, JJ. DATE : APRIL 25, 2012 P.C.: On the Appeal being restored, it has been taken on Board on the request of the Learned Counsel and has been called out. 2.This Appeal arises from a decision of the Income Tax Appellate Tribunal dated 7 September 2010. The Assessment Year to which the Appeal relates is A.Y.2004 – 05. The revenue has raised the following question of law :- Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT is justified in deleting the addition of Rs.5,40,000/- without appreciating that the ITXA2508_11 information of taking on money was given by no other person than the partner of the assessee firm ? 3.The Learned Counsel for the Revenue states that the appeal is companion to the appeal against the order for A.Y. 2005-06. The Appeal filed by the Revenue for A.Y. 2005-06 has been dismissed by the Order passed today in Income Tax Appeal No. 2509 of 2011. No separate issue is urged in the present Appeal. For the reasons already indicated while dismissing Income Tax Appeal No. 2509 of 2011, the present Appeal will not raise any substantial question of law and is accordingly dismissed. DR.D.Y.CHANDRACHUD, J. R.D. DHANUKA, J.