The Tax Publishers2020 TaxPub(DT) 5552 (Mad-HC)

INCOME TAX ACT, 1961

Section 260A

Where CIT(A) granted partial relief to assessee and this relief was granted to assessee based upon an elaborate remand report filed by AO which was extracted in the order passed by CIT(A) and assessee was not on appeal as against the disallowed portion and it was only Revenue which challenged the order before Tribunal to consider factual scenario. There was no question of law, much less substantial question of law arising for consideration in this appeal.

Appeal (High Court) - Addition under section 68 - Substantial question of law -

Assessee was a spinning mill and during the scrutiny assessment, assessee had furnished the details of the Bank Account, on perusal of which AO found that cash deposits were made. Assessee was called upon to explain such cash deposits and they stated that they received the same from the State Handloom Weavers Co-operative Society. Ultimately, AO held that assessee had failed to discharge the primary onus of substantiating the credits by submitting confirmation/ledger account copy of State Handloom Weavers Co-operative Society and also made certain other findings and ultimately, rejected the explanation offered by assessee and completed the assessment under section 143(3) holding that a sum as unexplained credit under section 68. Held: With regard to deletion of the addition made under section 68 as pointed out earlier, CIT(A) granted partial relief to assessee. This relief was granted to assessee based upon an elaborate remand report filed by AO which was extracted in the order passed by CIT(A). First Appellate Authority had re-examined the entire factual position and granted relief to assessee to the extent warranted. Assessee was not on appeal as against the disallowed portion and it was only Revenue which challenged the order before the Tribunal to consider the factual scenario. There was no question of law, much less substantial question of law, arising for consideration in this appeal and consequently, the appeal should fail.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2014-15



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