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TMI Blog2015 (1) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... arise. - Income Tax Appeal No. 38 of 2013 . - - - Dated:- 13-1-2015 - M. S. SANKLECHA and G. S. KULKARNI, JJ. Vimal Gupta, Senior Advocate, instructed by S. V. Walve for the appellant. F. V. Irani with Ms. Neeta Rajda, instructed by Dsr Associates, for the respondent. JUDGMENT 1. This appeal by the Revenue under section 260A of the Income-tax Act, 1961 ( the Act ), challeng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enquiry officer in JMM MPs Bribery's case. On the basis of the above statement, the amount of ₹ 2 crores was added to the respondent-assessee's income as unexplained expenditure under section 69C of the Act by the order dated March 30, 2006, of the Assessing Officer. This notwithstanding the respondent-assessee denying having made any payment to Captain Satish Sharma. 4. On appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Captain Satish Sharma and that of Shailendra Mahato were found to be unreliable by the Delhi High Court in JMM MPs Bribery's case. The impugned order also notes that in an identical issue arising in the case of Essar Oil Ltd. (I. T. A. No. 5141/Mum/2003), it was found that on cross- examination, the Additional Private Secretary of Captain Satish Sharma retracted his earlier statement. Thus, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding is not shown to be perverse as we find that the findings of the Commissioner of Income-tax (Appeals) and the Tribunal are based on evidence and the decision of the Delhi High Court in JMM MPs Bribery (supra). The filing of charge-sheet by itself does not establish the payment of ₹ 2 crores by the respondent-assessee to Captain Satish Sharma and particularly when the proceedings itself r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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