9911796707
TMI Blog2025 (3) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961') being aggrieved by the order dated 28/06/2024 passed by the Income Tax Appellate Tribunal (ITAT), Jabalpur in IT(SS)A No. 8/JAB/2018 for the Assessment Year 2012-2013. 2. The following substantial question of law has been proposed in this appeal : "(1) Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal: was justified in deleting the addition of Rs. 4,70,88,927 /-, made on account of disallowance of deduction u/s 80IA of the IT Act, on the ground that no incriminating material was found during the course of search, without appreciating: (a) That, there are plethora of incriminating documents for the AY under consideration, as captured in questions below, and thus in terms of para 14(iii) of Abhisar Buildwell (P.) Ltd. [2023] 150 taxmann.com 257 (SC) "in case any incriminating material is found/unearthed, even, in case of unabated/completed assessments, the AO would assume the jurisdiction to assess or reassess the 'total income' taking into consideration the incriminating material unearthed during the search and the other material available with the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erely executing 'work order' received from different agencies and accordingly assessee raises cunning account bills' after completion of various stages of work, and there is no evidence that assessee maintains the road as claimed for 3 - 5 years and accordingly the ITAT grievously erred in law since it violated 'the decision of the Hon'ble Apex Court in Walchandand Co P Ltd [1967] 65 ITR 381 (SC) because the order of the Tribunals not supported by evidence? (b) That, the judgment of Hon'ble Gujarat High Court in the case of Katira Construction Ltd. V/s Union of India 31Taxman.com 250 (4, March 2013) which has upheld the constitutional validity of the said Explanation to the section 80IA(4)? 3. Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was right in deleting the addition of Rs. 50,000/- made on account of illegal payments made to government functionaries: (a) That, completely ignoring the plethora of evidence and aspects quoted in detail in the assessment order, including seized incriminating documents available with department giving date wise illegal payments to government functionaries; the fact that Shri Govind Prasad Pandey senio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal was right in deleting the addition made on account unrecorded cash transaction, without appreciating the fact that the assessee has stated that the transaction are not recorded in the regular books of assessee and surrendered the amount of Rs. 70,00,000/- and Rs. 97,50,000/- as its undisclosed income for A.Y. 2012-13 and 2011-12 respectively, however, the same has not been disclosed in the ITR? 6. Whether on the facts and in the circumstances of the case and in law, the Hon'ble Appellate Tribunal has erred in law in deleting the addition of Rs. 1,23,62,077/- made on account of bogus sub-contract payment to Shri Sushil Kumar Singhal, since: (a) ITAT acted without appreciating the facts and evidence on record that Shri Singhal, a searched person, was established to be a man of little/no means, claimed that he worked as sub-contractor only for the assessee, no books were found to be maintained by him and no books could be produced by him, showed nominal income hence, claimed refund of almost full TDS deducted by assessee, no evidence could be produced by him for any subcontract work done by him for the assessee and therefore, the Hon'ble ITAT grievously erred in law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts as the main contractor and sub-contractor at various sites in M.P. and Chattisgarh. The administrative office cum business premises of the Company located at Opp. Railway Station, Burhar, District Shahdol and registered Office of the Company located at 50, Western Street Kolkata were also covered under Section 132 of the Act of 1961. On 23/12/2016, consolidated assessment orders for the Assessment Years 2009-2010 to 2015-2016 were issued under Section 153A read with Section 143(3) of the Act of 1961 and the order for Assessment Year 2015-2016 was issued under Section 143(3) of the Act of 1961. Thereafter, the respondent preferred an appeal against the aforementioned assessment order before the learned CIT(A), wherein the learned CIT(A) passed its order dated 23/11/2017. Being aggrieved by the aforesaid order, learned Revenue preferred an appeal before the Income Tax Appellate Tribunal, wherein learned CIT(A) passed impugned order dated 28/06/2024, whereby order dated 23/11/2017 passed by AO got affirmed. Feeling aggrieved by the same, present appeal has been filed on the substantial questions of law, which have been enumerated in the preceding paragraphs. 4. Learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question,(5) The High Court shall decide the question of law so formulated and deliver such a judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (6) The High Court may determine any issue which- (a) has not been determined by the Appellate Tribunal; or (b) has been wrongly determined by the Appellate Tribunal, by reasons of a decision on such question of law as is referred to in sub- Section (1). (7) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section." 8. From a bare reading of the Section, it is apparent that an appeal to the High Court from a decision of the Tribunal lies only when a substantial question of law is involved, and where the High Court comes to the conclusion that a substantial question of law arises from the said order, it is mandatory that such question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bligation to do justice at all stages and impelling necessity of avoiding prolongation in the life of any lis." 11. In Hero Vinoth (Minor) Vs. Seshamma, (2006) 5 SCC 545, the Apex Court has observed that: "The general rule is that High Court will not interfere with the concurrent findings of the courts below. But it is not an absolute rule. Some of the well recognised exceptions are where (i) the courts below have ignored material evidence or acted on no evidence; (ii) the courts have drawn wrong inferences from proved facts by applying the law erroneously; or (iii) the courts have wrongly cast the burden of proof. When we refer to "decision based on no evidence", it not only refers to cases where there is a total dearth of evidence, but also refers to any case, where the evidence, taken as a whole, is not reasonably capable of supporting the finding." 12. A finding of fact may give rise to a substantial question of law, inter alia, in the event the findings are based on no evidence and/or while arriving at the said finding, relevant admissible evidence has not been taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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