TMI Blog2012 (6) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... raised by the appellant has been finally determined, petitioner has still opportunity to prove his claim as is sought to be raised in the present appeal. No substantial question of law arises for consideration - Appeal dismissed. - INCOME TAX APPEAL No. - 596 of 2012, 597 of 2012 - - - Dated:- 18-5-2012 - Ashok Bhushan, Prakash Krishna, JJ. Petitioner Counsel :- Shubham Agrawal Respondent Counsel :- C.S.C., Income Tax Heard Sri Shubham Agarwal, learned counsel for the appellant and Sri Govind Krishna, learned counsel for the respondent. These two appeals raising common question of facts and law have been heard together and are being decided by this common judgment. Income Tax Appeal No.596 is treated as leading appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Industries. The ADIT (Inv)-2, Lucknow intimated that at the given address no concern of the name of M/s Maya Industries Ltd. was in existence. It was also informed that there was another concern in the name of M/s Piplani Enterprises situated at the given address ( given by the A.R. of the assessee Company ). The proprietor of M/s Piplani Enterprises mentioned that this concern was running for the last 5 year at the given addrsss. Hence, it is certain that the address of M/s Maya Industries is bogus and it has no physical identity. (ii) M/s Ishom Photo Color Lab (P) Ltd. (i) When the address of Ishom Photo Color Lab (P) Ltd was searched through PAN on departmental softward., it was known that this concern has given an address of Aligar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant submitted that there was sufficient material before the Tribunal on the basis of which Tribunal itself could have decided the question of addition and there was no necessity for remitting the matter before the Assesssing Officer. He has placed reliance on the judgment of this Court reported in (2008)166 TAXMAN 7, Jaya Securities Ltd. Vs. Commissioner of Income Tax. Learned counsel for the appellant has also relied on the judgment of the Delhi High Court in the case of Commissioner Income Tax Dwarkadhish Investments (P) Ltd. reported in 2011 (239) CTR 478. Sri Govind Krishna, learned counsel for the respondent contended that the Assessing Officer, after taking due care and caution and after carrying out sufficient inquiries, was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served if the matter is remitted to the file of the Assessing Officer to consider the issue afresh. Hence, the matter stands remitted to the file of the Assessing Officer to consider the issue afresh." The Tribunal noticed that identity of the share holders has not been established in order to ascertain the genuineness of transactions, the assessing officer issued commission under Section 131(d) to the departmental officers in Lucknow and Agra as well as asked for information under Section 133(6) of the Act directly from the share applicants. In the above circumstances, the Tribunal has remitted the matter to the Assessing Officer to consider the issue afresh. The learned counsel for the appellant has relied upon the following propositi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or consideration in this appeal. Another judgment relied by counsel for the appellant is in the case of M/s M.G. Shahani Co. (Delh) Ltd. Vs. Collector, Central Excise reported in 1994 AIR (S.C.) 2413. Reliance has been placed upon paragraph 12 of the said judgment. There cannot be any dispute to the proposition as laid down in the aforesaid judgment. The question as to whether there are sufficient material before the Tribunal so as to proceed to decide the appeal finally is a question which was in the domain of the Tribunal. The Tribunal being satisfied that matter needs further inquiry and decision afresh, has chosen to remand the matter to the Assessing Officer. The petitioner has still opportunity to prove his claim as is sought to b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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