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TMI Blog2024 (9) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... plied in appreciating the evidence, or when the evidence has been misread.(See : Madan Lal Vs. Mst. Gopi Anr. [ 1980 (8) TMI 204 - SUPREME COURT ],Narendra Gopal Vidyarthi Vs. Rajat Vidyarthi [ 2008 (12) TMI 724 - SUPREME COURT ] and K.Ravindranathan Nair vs. CIT [ 2000 (11) TMI 3 - SUPREME COURT ] In the instant case no substantial question of law arises from the order of the Tribunal as the appellant has raised all the question of facts and have disputed the fact findings of the ITAT in the garb of substantial questions of law which is not permitted by the statute itself. This Court refrains from entertaining this appeal as there is no perversity in the order passed by the ITAT since the ITAT has dealt with all the grounds raised by the appellant in the order impugned and has passed a well reasoned and speaking order taking into consideration all the material available on record. The Tribunal being a final fact finding authority, in the absence of demonstrated perversity in its finding, interference with the concurrent findings of the CIT (A) as well as the ITAT therewith by this Court is not warranted. No hesitation in holding that no question of law, much less any substantial q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Hon'ble jurisdictional High Court, thus, rendering perversity to its observations in the impugned appellate order ? (iii). Whether on facts and within the legal spectrum of the case, the assessee failed to submit the Quantitative details which is apparent from the working done by CIT(A) and used by learned ITAT in its order, which establishes that Assessee has not maintained quantitative details without which. the working of Revenue is not possible and presumptions and| assumptions have been invoked which is apparent that the CIT(A) also failed to determine the Revenue and the sector deals in different brands with different prices, the learned ITAT has erred and passed a perverse order by stating that Receipts offered by the Assessee acceptable as without the quantitative details brand wise and volume wise, the same cannot be determined? 4. Without prejudice to the above, whether on facts and within the legal spectrum of the case, the learned ITAT erred in law in deleting the impugned additions without appreciating that such judgments will set a wrong precedent by tacitly justifying and advancing the mischief of carrying out of business activities without maintaining proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er rightfully did by constructing impugned additions based on a reasoned estimate as delineated by the Hon'ble M.P. High Court in the case of Badri Prasad Bhagwandas Co. Vs. Commissioner of Income Tax, MCC No. 202 of 1985 dated 11/10/1994? 7. Whether on facts and within the legal spectrum of the case, if the plea of the Assessee that since the business deals with large number of brands and different sizes of bottles is to be accepted and Assessee does not maintain proper inventory or sales bills whereas in Retails business which deals with even larger variety and inventory, the Assessee is being permitted to violate law by non-issuance of bills leading to generation of. unverifiable receipts without even maintaining quantitative details and thus, the learned ITAT has passed a perverse order which permits the Assessee to violate various laws? 8. Whether on facts and circumstances of the case, when categorical findings regarding vouchers being handmade and self-made has been crystallized in the Assessment order by the Assessing office, the learned ITAT has passed an perverse order stating that the expenses have never been question ignoring the Assessment order and also without br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Assessing Officer, the assessee has filed appeal before the CIT(A) against the order under Section 143(3) dated 17/12/2018 and the CIT(A) vide its order dated 31/08/2020 allowed the appeal of the assessee and deleted addition made in the assessment order under Section 143(3) of the Income Tax Act, 1961. Being aggrieved by the order of CIT(A), the Department filed appeal before learned ITAT, Indore, which was dismissed vide order dated 21/09/2022. Feeling aggrieved by the same, present appeal has been filed on the substantial questions of law, which has been enumerated in the preceding paragraphs. 4. Learned counsel for the appellant contended that the learned ITAT has erred in dismissing the appeal filed by the Department, therefore, on the aforesaid substantial questions of law, this appeal is fit to be entertained. 5 . Heard learned counsel for the appellant and perused the substantial questions of law. 6. Before dealing with the aforesaid controversy, it would be expedient to refer to Section 260-A of the Act of 1961. The provisions, relevant for our purpose, read thus: 260-A. Appeal to High Court - (1) An appeal shall lie to the High Court from every order passed in appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, and where the High Court comes to the conclusion that a substantial question of law arises from the said order, it is mandatory that such question(s) must be formulated. The expression substantial question of law is not defined in the Act. Nevertheless, it has acquired a definite connotation through various judicial pronouncements. 8. While explaining the import of the said expression, the Apex Court in case of Sir Chunilal V. Mehta Sons, Ltd. Vs. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC 1314, observed that: 6. The proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally settled by this Court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest Court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not been taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not been applied in appreciating the evidence, or when the evidence has been misread. (See : Madan Lal Vs. Mst. Gopi Anr. (1980) 4 SCC 255; Narendra Gopal Vidyarthi Vs. Rajat Vidyarthi, (2009) 3 SCC 287; Commissioner of Customs (Preventive) Vs. Vijay Dasharath Patel (2007) 4 SCC 118; Metroark Ltd. Vs. Commissioner of Central Excise, Calcutta (2004) 12 SCC 505; West Bengal Electricity Regulatory Commission Vs. CESC Ltd. (2002) 8 SCC 715). 12. The Apex Court in case of K.Ravindranathan Nair vs. CIT, (2001) 1 SCC 135 has observed as under : ''The High Court overlooked the cardinal principle that it is the Tribunal which is the final fact finding authority. A decision on fact of the Tribunal can be gone into by the High Court only if a question has been referred to it which says that the finding of the Tribunal on facts is perverse, in the sense that it is such as could not reasonably have been arrived at on the material placed before the Tribunal. In this case, there was no such question before the High Court. Unless and until a finding of fact reached by th ..... 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