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2015 (1) TMI 1022 - HC - Income TaxGP addition - unaccounted production in absence of clear cut justification from assessee for impact of change in factors resulting in increased fuel consumption both in value and volume terms - Tribunal deleted addition - Held that:- Tribunal being ultimate fact finding authority, has found that in absence of any material to show that the transaction entered into books of account was bogus or that any entries in the books of account were not supported by vouchers, the books of account maintained by the Assessee could not have been discarded and in case of doubt, it was required for the A.O. to verify genuineness of expenditure. The Tribunal has upset the fact finding of the lower authority. In our view, the question sought to be canvassed can further be considered only if ultimate finding of fact by the Tribunal is upset after re-appreciation of evidence on record. It is hardly required to be stated that the finding of fact would be beyond the scope of judicial scrutiny in the present appeal where, the judicial scrutiny would be limited to substantial question of law. Whether books of account could be discarded or not, considering the facts and circumstances, essentially, it is a question of fact and not the question of law. - Decided against revenue.
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