9911796707
TMI Blog2021 (8) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... verse. The questions of law proposed by the Revenue are squarely covered by the aforesaid judgment. - ITA 42/2021 & CM No.6138/2021 - - - Dated:- 20-7-2021 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE NAVIN CHAWLA For the Appellant : Mr.Ajit Sharma, Sr.SC with Mr.Anant Ram Mishra, Adv. For the Respondent :Mr.Ved Jain and Ms.Richa Mishra, Advs. MANMOHAN, J. (Oral) 1. The hearing has been conducted through video conferencing. 2. The present appeal under Section 260A is directed against the order dated 05th September, 2019 passed by Income Tax Appellate Tribunal, in ITA No. 4262/Del/2016 for the Assessment Year 2007-08 whereby the appeal of the Revenue has been dismissed. 3. Briefly stated, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oks of accounts. Accordingly an amount of ₹ 14,97,45,205/- was added to the income on account of Client Code Modification. Further, a sum of ₹ 22,242/- was also disallowed under section 40A(3) of the Act and added to the income of the assessee for expenditure incurred in cash by the assessee beyond the limit prescribed under the Income Tax Act. The total income was assessed as ₹ 15,84,35,130/-. 4. In appeal preferred by the assessee, the CIT(A), following the dicta of this court laid down in CIT Vs. Kabul Chawla, 2015 SCC OnLine Del 11554, held that no assessment/reassessment proceedings were pending on 30.03.2012 when search action took place and hence no assessment was abated. The addition made by the AO is not bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is claimed to be in existence. In the proceedings before the CIT(A) as well as the ITAT, the Revenue has not made any attempt so as to disclose the incriminating material. Even in the present appeal, the revenue is unable to explain or give us any indication about the same. 7. The findings of facts returned by CIT(A) and ITAT are not be interfered with lightly. The view taken by the tax authorities based on the decision of CIT Vs. Kabul Chawla (supra) cannot be held to be perverse. The questions of law proposed by the Revenue are squarely covered by the aforesaid judgment. 8. In view of the above, no question of law, much less a substantial question of law, arises for our consideration. Accordingly, the present appeal, along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
