We Have Gone v. Cit Reported In(232 Itr 776)-Ap

HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.60 of 2013 Date: 20.06.2013 Between:Commissioner of Income Tax-II,Hyderabad. .....Appellant AND M/s Edco India (P) Ltd.,6B, Samrat complex, SaifabadHyderabad ...Respondent HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDHON’BLE Ms. JUSTICE G.ROHINI I.T.T.A.No.60 of 2013 JUDGMENT:(per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta ) This appeal is sought to be admitted on the followingsuggested question of law: “Whether on facts and in the circumstances ofthe case the appellate tribunal is justified in holdingthat no further disallowance under Section 40 (a) (ia)and 40A(3) of the Income Tax Act, can be made onthe basis of the books of accounts in spite ofmandatory provision and non-obstante clausecontained therein, merely because the income wasdetermined on estimate basis, by rejecting suchbooks of accounts?” We have gone through the impugned order of the AppellateTribunal and we do not find any reason to interfere with the sameas the Tribunal has decided the matter relying on the decision ofthis Court in the case of Indwell Constructions Vs. CIT reported in(232 ITR 776)-AP. Accordingly, the appeal is dismissed. No order as tocosts. As a sequel, miscellaneous petitions, if any pending, shallstand dismissed. ___________________ K.J. SENGUPTA, CJ _______________ 20.6.2013 Gsn. G.ROHINI, J