The Commissioner Of Income Tax v. K.u.chandiwal, Jj

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.113 OF 2008 The Commissioner of Income Tax..Appellant Vs. M/s.Asha Clearing Agency Pvt. Ltd.Respondent Mrs. P.P. Bhosale, for the Appellant. CORAM: F.I.REBELLO&K.U.CHANDIWAL, JJ.DATED: 30TH JUNE, 2008 CORAM: F.I. K.U.CHANDIWAL, JJ. DATED: 30TH JUNE, 2008 P.C.: P.C.: . The C.I.T.(Appeals) recorded a finding that there was no deposits taken by the assessee from the sister concern and the evidence on record indicate that there was a running account between the two companies and as such the ingredient of the deposits are totally missing. In our opinion the finding recorded by the C.I.T. (Appeals) and the Tribunal cannot be faulted on that count. The Tribunal has noted that these entries are made in day to day business considering the peculiar nature of the assessee’s business in which it has to hire labour, cranes, lifts, etc. and for that it was requirexd to make payment urgently. 2. Considering the above the question of law as framed would not arise and consequently Appeal dismissed. (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.)