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TMI Blog2017 (3) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... es the impugned order further reveals the fact that the alleged undisclosed income has been disclosed in the accounts filed for the respective assessment years. The aforesaid findings of fact are not shown by Mr.Suresh Kumar, learned counsel for the Revenue as in any manner perverse or arbitrary. Nor the reliance by the impugned order on the decision of this Court in Vikram Doshi (2002 (2) TMI 51 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck period for Assessment Year 199697 to 200102 and part period from 1st April, 2001 to 14th March, 2002. 2. The Revenue urges the following reframed substantial question of law for our consideration : (i) Whether on the facts and circumstance of the case, and in law, the Tribunal is correct in confirming the order of CIT (A) allowing deduction under Section 80IA without appreciating the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1st March, 2004 completed the Assessment under Section 158 BC of the Act. 3. In appeal the Commissioner of Income Tax (Appeals) [CIT (A)] on facts by the order dated 11th May, 2012 found that the sales of AH were not bogus. Consequently, the appeal of the respondent assessee was allowed. 4. On appeal by the Revenue to the Tribunal, the impugned order upholds the order of the CIT (A) and ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions of this Court in Commissioner of Income Tax (A) vs. Vikram A Doshi 127 Taxman Page 513 and Commissioner of Income Tax vs. Shamlal Balram Gurbani 249 ITR Page 501 wherein it has been held that where the alleged undisclosed income has been reflected in the accounts filed for the respective assessment years there would be no basis to treat the same as undisclosed income for purpose of b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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