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2008 (9) TMI 950 - GUJARAT HIGH COURTAddition on unaccounted investment - rejection of Books of Account - Whether the Appellate Tribunal rightly deleted the addition, confirmed by the CIT(A)?- HELD THAT:- Admittedly, there was no evidence to disbelieve or disprove the fact that sufficient cash was available in the cash book on the two dates for making the deposits and there was no reason found by the Tribunal for disbelieving the Books of Account maintained by the Assessee. These are pure findings of fact recorded after appreciation of evidence and do not give rise to any question of law, much less a substantial question of law. Addition on withdrawal in cash - No dispute that the amount having been withdrawn in cash from the Bank Account of the Assessee by Shri Manubhai Bhavsar who has stated that the same was deposited with M/s. J.B. Upadhyay. In this factual scenario the Tribunal was justified in coming to the conclusion that there was no question of treating the deposit in question as unexplained and no addition was warranted. In the result, in absence of any legal infirmity in the impugned order of Tribunal the Appeal is dismissed as none of the questions, as proposed or otherwise, can be termed to be questions of law, much less substantial questions of law.
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