2013 (12) TMI 363

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..... 61 (hereinafter referred to as the Act) has been filed against the order dated 26.10.2007 passed by the Income Tax Appellate Tribunal, Lucknow Bench 'A' Lucknow. The Revenue has proposed the following questions said to be substantial questions of law which arises out of the order of the Tribunal:- "1.Whether on the facts and in the circumstances of the case, the Hon'ble Income Tax Appellate Tribu .....

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..... mstances of the case, the Hon'ble Income Tax Appellate Tribunal was justified in law, in not appreciating the decision of three member bench of Hon'ble ITAT, Pune in the case of Dhunjibhoy Stud & Agricultural Farm vs. Dy. CIT (2202)82 ITD 18. In this case, the Hon'ble ITAT had confirmed additions on account of 'on money' on the basis of the statement of one of the parties only and although it was .....

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..... der the ownership of the assessee. The appeal relates for Block Period ending on 18.11.1998. The respondent-assessee is an individual. On account of alleged payment of 'on money' for booking of Flat No.208 in Empire Estate Building situate in 15/47, Civil Lines, Kanpur an addition of two lacs was made on the hands of the assessee and total tax demanded was Rs.1,22,400/-. The Commissioner of Inco .....

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