THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A No.586 of 2014 DATE: 04.09.2014 Between:
The Commissioner of Income Tax – II, Hyderabad.
… Appellant And M/s.Hallmark Constructions, Hyderabad.
… Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.586 of 2014 JUDGMENT: (per Sri Sanjay Kumar,J) This appeal by the Revenue seeks to raise the following suggested question of law:
“In the facts and circumstances of the case, whether the Hon’ble Tribunal (ITAT) is correct in law in upholding the order of the Commissioner of Income Tax (Appeals) in deleting the addition made by the Assessing Officer basing on the entries recorded in the loose sheet found during the survey proceedings under Section 133A of the Income Tax Act 1961 without appreciating that the Assessing Officer has brought enough corroborative evidence on record to prove that the Respondent-assessee has indulged in transactions outside the books of account?”
Perusal of the order under appeal reflects that the issue was decided on a fact finding that the document in question was a dumb document and no additions could be made on that basis thereof. We are not inclined to interfere with this fact finding by the lower authorities.
The appeal is accordingly dismissed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 04.09.2014 va