COMMISSIONER OF INCOME TAX Vs. C JAYANTILAL

JUDGEMENT

(1.) THE Revenue has come forward with this appeal challenging the order of the CIT(Appeals) dated 17.12.2008 passed in I.T.A.No.1921/Mds/2007 in and by which the order of the CIT(Appeals) dated 25.05.2007 was confirmed.

(2.) THE questions of law that arise for consideration in this appeal are as under:-

(3.) AS rightly pointed out by the CIT(Appeals), none of the above factors placed before the ASsessing Authority were doubted by the ASsessing Authority. In fact, it was pointed out that if Mr. Chellappan's statement had been doubted by the ASsessing Authority, it should have summoned him and put to necessary cross-examination to unearth the truth. It was, therefore, held that in the absence of any such exercise, the explanation offered by the assessee ought to have been accepted. The above reasoning of the CIT(Appeals), in respect of the sum of Rs.11,00,000/- and its deletion, was perfectly in order. In any case, the findings of the CIT(Appeals) on the above two items and its deletion, were based on a detailed consideration of relevant factors and in any event, such conclusions were out and out concerning the factual matrix of the case and we do not find any irregularity or illegality in the above conclusion reached by the CIT(Appeals), which was simply confirmed by the Tribunal, in its order dated 17.12.2008.