The Commissioner Of Income Tax ... App v. M/S. Sangogen Textiles Mills Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO. 1418 OF 2005 The Commissioner of Income Tax ... Appellant The Commissioner of Income Tax ... App Versus M/s. Sangogen Textiles Mills Ltd.. Respondent Mr.Suresh Kumar for the Appellant. Dr. K.Shivram along with Mr.A.R.Singh for Respondent. CORAM: F.I. REBELLO, & R.S. MOHITE, JJ. DATED: FEBRUARY 11, 2009 P.C. P.C. . Office objections dispensed with. Office to register the appeal. . Revenue is in appeal on the following questions : "(a) Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in fully deleting the addition on account of oil gain and determined at 2% by the Assessing Officer? (b) Whether on the facts and in the circumstances of the case and in law, the ITAT was justified in deleting the addition of Rs.5,25,000/- being unexplained loans?" . This appeal arises in respect of the block assessment for the period of 1.4.1988 to 23.6.1998. In so far as question (a) is concerned, the learned tribunal recorded a finding that in so far as documents which were seized from the premises, in the absence of any incriminating material, to to make additions in the block assessment period is of limited nature. The tribunal observed that in the absence of any incriminating material, to suggest either oil gain derived by the assessee, or production or any transaction or purchase or sale made by the assessee outside the books of account found at the time of search, there was no justification to make any additions on that count. We find no reason to disapprove the findings recorded by the tribunal considering that the assessment is for the block period. Considering the above, question (a) as framed would not arise. . In so far as question (b) is concerned, the learned tribunal has dealt with the same in its order. The learned tribunal recorded a finding that the assessee had discharged the burden caste on it in establishing that the document found in the premises did not belong to the assessee. In our opinion, this is purely a finding of fact and consequently question (b) would not arise. . Appeal accordingly dismissed. (R.S. MOHITE, J.) (R.S. MOHITE, J.)(F.I. REBELLO,J.) (F.I. REBELLO,J.)