LAWS(GJH)-2013-4-409

COMMISSIONER OF INCOME TAX Vs. INDRAJIT SINGH SURI

Decided On April 02, 2013
COMMISSIONER OF INCOME TAX Appellant
V/S
Indrajit Singh Suri Respondents

JUDGEMENT

(1.) Aggrieved by the order of the Income Tax Appellate Tribunal dated 25.05.2012, this Tax Appeal is preferred raising following substantial questions of law for our consideration:

(2.) Brief facts leading to filing of this Tax Appeal are as follow.

(3.) Taking firstly Question Nos. [A] and [B], they pertain to deletion of addition made by Assessing Officer of Rs. 3,46,189/- and Rs. 72,956/- being difference between the opening balance and closing balance where the Assessing Officer and the CIT(A) treated such income of the assessee from the undisclosed source. The Tribunal deleted the entire amount relying on the decisions of this Court rendered in cases of N.R. Paper & Board Ltd. v. Dy. CIT, 1998 234 ITR 733 and CIT v. Shambhulal C. Bachkaniwala, 2000 245 ITR 488. It is also needed to be noted that in case of wife of the present assessee-respondent, these questions had been raised in Tax Appeal No. 847 of 2012 which have not been entertained by this Court vide order dated 01.03.2013. The Tribunal noted thus: