VIKAS W. S. (P) LTD. Vs. COMMISSIONER OF INCOME TAX
LAWS(P&H)-2008-9-156
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 11,2008

Vikas W. S. (P) Ltd. Appellant
VERSUS
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

- (1.) THE assessee has preferred this appeal under s. 260A of the IT Act, 1961 (in short, "the Act") against the orders of the raise the following substantial questions of law : "1. Whether the Tribunal was justified in concurring with the action of the AO in disturbing the trading result without rejecting books of account under s. 145 and more so when the Tribunal itself recorded in the last para of its order that proper books of account have been maintained ?
(2.) WHETHER the Tribunal was justified in concurring with the action of the AO in confirming the trading addition by notionally enhancing sale price without there being any evidence of more sale consideration passing to the assessee, more so in the absence of the provision on the lines of s. 40A(2), and more so when similar additions having been deleted have been accepted by the Revenue and the Tribunal having recorded in its order in the last para that proper books of account have been maintained ?
(3.) WHETHER on the facts and in the circumstances of the case the Tribunal was justified on facts and in law in reversing a well versed, detailed and speaking order passed by the CIT(A) without considering the explanations and materials on record, evidences, comparative cases, comparative bills and vouchers, stock registers, views of expert authors and comparative cases of various national and international companies involved in the same trade, merits of the case which are factually and also legally bad in law ? Whether the Tribunal was justified in reversing the order of the CIT(A) without appreciating the findings on facts and evidences on record ?;


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