KANDI FRIENDS EDUCATIONAL TRUST Vs. CIT

JUDGEMENT

(1.) The present appeal under section 260A of the Income-tax Act, 1961 (for short, "the Act"), is against the order dated March 14, 2012, in respect of the assessment year 2004-05. The assessee has claimed the following substantial questions of law:

(2.) Learned counsel for the appellant has argued that even if all such additions are made, still the tax effect is nil, therefore, it cannot be said that the order of the Assessing Officer was prejudicial to the interests of the Revenue. Learned counsel for the appellant has referred to a Division Bench judgment of the Gujarat High Court in CIT v. Smt. Minalben S. Parikh, 1995 215 ITR 81 in support of such argument.

(3.) We have heard learned counsel for the appellant and find no merit in the present appeal. The assessee has disputed the show-cause notice justifying the return filed. It was never the stand of the assessee that even if the said aspects are taken into consideration, still the income of the assessee would be nil. In the absence of any plea that the additions made will not cause loss to the Revenue, we find that the appellant cannot be permitted to raise such questions in appeal without there being any factual basis.