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2013 (7) TMI 325 - HC - Income TaxCash Credit - Addition u/s 68 - Benamidar - Tribunal concluded that three alleged depositors were income-tax assessees in their own capacity and from perusal of statement of affairs filed by each of them along with their returns of income and reproduced by CIT (A) in the impugned order further goes to establish that each of them was having sufficient capital with him to lend the amount - Held that - no substantial questions of law arises for consideration. - Decided against the revenue.
Issues:
1. Dismissal of Income Tax Appeal No.113 of 2000. 2. Admissibility of substantial questions of law. 3. Findings of fact vs. substantial questions of law. Issue 1: Dismissal of Income Tax Appeal No.113 of 2000 The judgment mentions the dismissal of Income Tax Appeal No.113 of 2000 on the grounds that the quantum of the amount involved is less than Rs.25,365 and the tax component is below Rs.5000. This dismissal was based on the amount criteria set forth by the court. Issue 2: Admissibility of substantial questions of law The appeal in question was admitted on all five substantial questions of law framed by the department. However, upon review, the court found that the findings related to these questions were pure findings of fact and did not raise any substantial question of law for the court to decide. The court heard arguments and perused the order of ITAT in this regard. Issue 3: Findings of fact vs. substantial questions of law The judgment extensively quotes the discussions by the Tribunal on various questions raised by the department. It highlights that the findings presented are factual in nature and do not give rise to any substantial questions of law. The court emphasizes that the facts before them were similar to a previous case and that no distinguishable facts were pointed out to warrant a different view. The judgment also discusses specific findings regarding deposits and ownership of income in various entities, ultimately concluding that the findings are factual and do not necessitate the consideration of substantial questions of law. In conclusion, the High Court dismissed the Income Tax appeal based on the criteria set forth, highlighting that the findings presented were factual in nature and did not give rise to any substantial questions of law for consideration. The judgment provides a detailed analysis of the various issues raised and the reasoning behind the dismissal of the appeal.
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