Vidya Sagar v. Commissioner Of Income Tax, Karnal

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Income Tax Appeal No.52of 2011 Date of decision: 20.4.2011 Vidya Sagar Prop. M/s Fine Bricks Company ...Appellant Versus Commissioner of Income Tax, Karnal ...Respondent CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Ravi Shanker, Advocate for the appellant. **** ADARSH KUMAR GOEL, J ( Oral). 1.This Appeal has been preferred by the assessee underSection 260A of the Income Tax Act, 1961 against order dated 20.8.2010passed by the Income Tax Appellate Tribunal, Chandigarh Bench'B',Chandigarh in ITA No.858/Chandi/2009, for the assessment year 2000-01, raising following substantial questions of law:- “i)Whether the Income Tax Appellate Tribunal is justified inconfirming order of authorities below disallowing theexpenditure on purchase of coal from the three partiesmerely by relying upon the report in respect of anotherassessment year i.e. 2002-03 regarding non-traceabilityof the said parties, ignoring the fact that the assessmentfor that assessment year i.e. 2002-03 has not been setaside being bad in law vide order dated 21.10.2010(Annexure P-5) and the purchases were held by the A.O. to have been made in cash and thus not doubtingthe existence of the said parties? ii)Whether the Income Tax Appellate Tribunal is justified indisallowing the expenditure on purchases of coal on thebasis of report dated 4.10.2004 after conducting enquiryfor completing the assessment for the assessment year2002-03, after a long period of four years from the closeof the year under consideration?” 2.Learned counsel for the appellant fairly states that identicalmatter filed by the assessee has been dismissed by this Court vide orderdated 12.1.2011 in ITA No.785 of 2010Vidya Sagar Prop. M/s FineBricks Vs. Commissioner of Income Tax, Karnal. In view of above, no substantial question of law arises. Theappeal is dismissed. (Adarsh Kumar Goel) Judge April 20,2011Pka (Ajay Kumar Mittal) Judge