2012 (7) TMI 1004 - HC - Income Tax

Summary

Issues involved:
The judgment involves the issues of deletion of addition under Section 40(a)(ia) of the Income Tax Act, 1961 and correction of a mistaken figure in relation to Assessment Year 2006-07.

Deletion of Addition u/s 40(a)(ia):
The appellant questioned the deletion of addition of Rs. 28,01,585 under Section 40(a)(ia) of the Income Tax Act, 1961 due to non-filing of Form No.15J as required under Section 194C(i)(3) of the Act. The Tribunal had extensively quoted a decision from an earlier case, indicating that the issue had been previously addressed. Another amount of Rs. 16,82,066, initially added as income by the Assessing Officer, was deleted by CIT (Appeals) based on the fact that the single payment in a day did not exceed Rs. 20,000. The Tribunal upheld this finding, supported by the Assessing Officer's report and the reliance of CIT (Appeals) on the same remand report. Given these fact findings, the Court decided not to interfere with the matter, especially considering the aggregate tax involved was marginally over Rs. 10 lakhs.

Correction of Mistaken Figure:
The Court acknowledged a mistake in the figure mentioned in one of the questions raised by the appellant, which should have been read as Rs. 16,32,666 instead of Rs. 1,68,20,666. Leave was granted to correct this figure. The Tribunal had addressed two issues, with one relating to the incorrect figure and the other to the deletion of addition under Section 40(a)(ia). Despite the different figures involved, the Court found no reason to interfere with the Tribunal's decision based on the fact findings and the amount of tax at stake.

Conclusion:
The Court dismissed the appeal and the connected application, directing all parties to act on a xerox signed copy of the order.