The Delhi High Court dismissed the Revenue's appeal under Section 260A of the Income Tax Act, 1961, holding that no substantial question of law arose as the findings by the authorities formed a plausible view on facts.
The appeal filed by the Revenue is dismissed as no substantial question of law arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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PR. COMMISSIONER OF INCOME TAX-6 ..... Appellant Through: Mr. Rahul Chaudhary, Senior standing counsel.
versus
NOIDA MEDICARE CENTRE LTD
..... Respondent
CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH
O R D E R % 12.07.2017
(i) Whether in facts and circumstances of the case, the ITAT is legally justified in deleting disallowance of Rs. 36,00,000 on account of unproved purchases by the Assessee solely on the ground that the Assessee has produced purchases invoice and the payment was made through the banking channel and by ignoring uncontroverted finding of the facts recorded by the AO that alleged purchases were not proved by the Assessee and there was credible findings to reject the claim of the Assessee?
(ii) Whether in facts and circumstances of the case, the ITAT is legally justified in deleting addition of Rs. 42,25,000 on account of unexplained credit by ignoring the categorical finds of facts as recorded by the AO that the Assessee had not proved that the credit actually represented the export proceeds?
S.MURALIDHAR, J
PRATHIBA M. SINGH, J
JULY 12, 2017 Rm
3 issues framed by the court
Whether substantial question of law arises challenging deletion of disallowance and addition by ITAT.
Whether ITAT was legally justified in deleting disallowance on account of unproved purchases ignoring AO findings.
Whether ITAT was legally justified in deleting addition on account of unexplained credit ignoring AO findings.
1 provisions across 1 enactments
PR. COMMISSIONER OF INCOME TAX-6
NOIDA MEDICARE CENTRE LTD
S.MURALIDHAR
PRATHIBA M. SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
