The Commissioner Of Income Tax, Ajmer v. Shri Shankar Lal Jat, Ward

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 668 / 2008 The Commissioner of Income Tax, Ajmer. ----Appellant Versus Shri Shankar Lal Jat, Ward No.5, 5 B/H Water Works Mokhampura,Bhilwara. ----Respondent _____________________________________________________ For Appellant(s) : Mrs. Parinitoo Jain For Respondent(s) : Mr. Sanjay Jhanwar with Ms. Archana _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHURJudgment Per Hon’ble Jhaveri, J. 30/05/2017 1.By way of this appeal, the appellant has challenged thejudgment and order of the Tribunal whereby the Tribunal haspartly allowed the appeal preferred by the assessee and dismissedthe appeal of the department modifying the order of CIT(A). 2.This Court while admitting the appeal on 26.03.2012 has framed the following substantial questions of law: “(i)Whether under the facts andcircumstances of the case, Assessing Officerwas justified in drawing the presumptionagainst the assessee as contemplated u/s132(4A) of the Income Tax Act? (ii)Whether under the facts andcircumstances of the case and in law theTribunal had any material to reverse thefindings of CIT(A) with regard to therecovery of ‘black bag’ and thereby haserroneously deleted the additions ofRs.14,42,11,000/-?” 3.Counsel for the appellant has taken us to the order of theAssessing Officer and contended that the Assessing Officer whileconsidering the matter has rightly taken action under presumptionunder Section 132(4A) and has rightly added the income ofRs.14,42,11,000/- on the basis of material which was seized fromthe assessee. 4.However, counsel for the respondent has supported the orderof the Tribunal and contended that after appreciating the fact hascome to the conclusion that the bags which were found were notin the ownership of the assessee and the view taken by theTribunal is just and proper. 5. We are in complete agreement with the view taken by theTribunal is just and proper. No substantial question of law is madeout for consideration of the Court. 6.In that view of the matter, the issues are answered in favourof the assessee and against the department. 7.The appeal stands dismissed. (VIRENDRA KUMAR MATHUR),J. (K.S. JHAVERI),J. Asheesh Kr. Yadav/77