The Commissioner Of Income Taxcentral, Nagpur v. Karda Constructions Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.1960 OF 2012 The Commissioner of Income TaxCentral, Nagpur. v. Karda Constructions Private Limited. ...Appellant. ...Respondent. Mr. Vimal Gupta, Sr. Advocate with Vipul Bajpayee for the Appellant.Mr. S.N. Inamdar. Sr. Advocate with Mihir Naniwadekar for the Respondent. CORAM : J.P. DEVADHAR &M.S.SANKLECHA, JJ. DATE : 25[th] February, 2013. P.C. : In this appeal by the revenue for assessment year 2009- 10 following question of law has been framed for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal was justified in deleting the addition made by the Assessing Officer of Rs.71,67,000/- being unaccounted cash receipts found during the time of search action by accepting the explanation of the assessee that the unaccounted cash receipts of Rs.71,67,000/- found at the time of search were booking advances collected by the assessee from its customers and were part of sale consideration declared by the assessee at the time of sale of flats after the date of search? 2) The Tribunal by the impugned order upheld the finding of fact recorded by the CIT(A) that receipt of Rs.71.67,000/- was part of the sale consideration of the flats sold by the respondent assessee and the same has to be taxed in the year in which the assessee has recorded the sale of flats. The objection of the revenue is that amount of Rs.71.68,000/- found in cash has to be taxed in the year in which cash was received by the respondent assessee and not in the year the sale of the flats took place. The Tribunal records a fact that there is no dispute that unrecorded entries of cash found with the respondent assessee were in respect of sale of flats and forming part of consideration for sale of flats. Further the names of the buyers of the flats and the cash receipts from the buyers were also found during the course of the search. In these circumstances, on the basis of the finding of fact that cash receipts were undisputedly in respect of sale of flats and the same were offered to tax in the year in which flats were sold that the appeal of the revenue before the Tribunal was dismissed. 3)Since the decision of the Tribunal is essentially based on a concurrent finding of fact, we see no reason to entertain the proposed question of law. 4)Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P.DEVADHAR, J.)