The Commissioner Of Income Tax v. M/S. Atul M. Thakkar

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 NOTICE OF MOTION NO. 3120 OF 2007 WITH INCOME TAX APPEAL (L) NO. 1887 OF 2007 The Commissioner of Income Tax... Appellant Versus M/s. Atul M. Thakkar ... Respondent Mr.P.S. Sahadevan for the Appellant. Mr. F.V. Irani with Mr. A.K. Jasani for Respondent. CORAM: F.I. R.S. MOHITE, JJ. DATED: MARCH 04, 2008 P.C. . There is delay of 190 days in preferring the appeal. . The question of law as framed is as under : "Whether in the facts and circumstances of the case and in law, the Hon’ble ITAT was justified in upholding the order of CIT(A) deleting the addition made as cash credits appearing in the books of account of the assessee, since the assessee failed to discharge the burden of proof placed upon it under section 68 of the Income Tax Act, 1961?" . There are two concurrent findings of fact that the burden of proof has been discharged and consequently, the question would not arise. The appeal along with motion disposed of.