COMMISSIONER OF INCOME TAX Vs. MANISH ENTERPRISES

JUDGEMENT

(1.) This appeal under s. 260A of the IT Act, 1961 against the order dt. 13th Dec., 2013 passed by the Income-tax Appellate Tribunal 'C' Bench, in ITA No. 1209/Kol/2009 for the asst. yr. 2005-06 has been preferred by the Revenue on the following questions:

(2.) In support of her contention, Ms. A.G. Ghutghutia relied upon two decisions, one is in Civil Appeal No. 2540 of 2007 [CIT v. P. Mohanakala & Ors., 2007 210 CTR 20 and the other is unreported judgment in IT Appeal No. 493 of 2013 [CIT v. Empire Budtech (P) Ltd.] which are of no help to the Revenue in the facts and circumstances of this case.

(3.) We find that the AO had called for information from the Branch Manager, Vijaya Bank, N.S. Road Branch, Kolkata-1 of which the assessee was the constituent under s. 133(6} of the Act and had found as under: