The Commissioner Of Income Tax,Central-I, Mumbai v. Shri Suresh R. Singh

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1149 OF 2004 The Commissioner of Income Tax,Central-I, Mumbai... Appellant Vs Shri Suresh R. singh .. Respondent Mr. R.G. Bhat i/by Mr. Pankaj Kapoor for the appellant. CORAM: SWATANTER KUMAR, C.J.,& A.P. DESHPANDE, J. DATE : 11TH JULY, 2008 P.C.: We have heard the learned counsel appearing for theappellant. The appeal is directed against the order of the Income TaxAppellate Tribunal dated 29[th] January, 2004 where upon appreciationof the records produced before the authority, it accepted the appeal ofthe assessee on the ground that there was no direct nexus with anymaterial found as a result of search in relation to the books ofaccounts or documents or any other material relating to the blockassessment proceeding. While coming to this finding of fact, the Tribunal has also relied upon nearly nine judgments referred to in theorder which have taken consistent view. The entry made on the basisof the information was ordered to be deleted but still, the Tribunalmaintained that the assessee had himself filed return of undisclosedincome declaring total undisclosed income at Rs.94,350/-, the samewas ordered to be taken as undisclosed income. In our consideredopinion, no question of law much less a substantial question of lawarises in this appeal. Dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.