(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. M.R. Bhatt learned Senior Standing counsel assisted by Mrs. Mauma M. Bhatt, learned Standing Counsel for the revenue.
ADMIT.
We formulate the following substantial questions of law which arises in these appeals :-
"[I] Whether in law and on facts the Income Tax Appellate Tribunal is right in deleting the addition made by the Assessing Officer on account of receipt of on-money by the assessee from the sale of shops at various rates ?
[II] Whether in law and on facts the Income Tax Appellate Tribunal is correct in arriving at the conclusion that the failure on the part of the Assessing Officer to grant the assessee cross-examination of Shri Bholabhai Patel and Shri Nikin P. Patel who were closely associated with the activities of the company and of the two valuers Shri C.K. Patel and Shri M.C. Shah vitiated the order to the extent warranting the deletion of the additions made, ignoring that such failure at best can be termed as an irregularity that could have been set right by remanding the matter back to the Assessing Officer ?"
Issue notice to the other side. Paper book be filed within 3 months.
[V.
M. SAHAI, J.] [N.
V. ANJARIA, J.] Savariya Top