2017 (7) TMI 1158 - HC - Income Tax

Appeal Disposed with Precedent on Substantial Legal Question

The High Court of Himachal Pradesh disposed of an appeal citing a previous case where the substantial question of law had been settled. - TMI Addition u/s 68 - notices never came to be issued to 11 creditors - Held that:- It is not disputed that the substantial question of law is no longer res integra for it having been decided by this Court [2017 (5) TMI 1584 - HIMACHAL PRADESH HIGH COURT] wherein as held assessee vide letter dated 24.11.2008 had requested the Assessing Officer to issue summons against the aforesaid 11 creditors to ensure their attendance for their examination on oath under Section 131 of the Income Tax Act, but Assessing Officer instead of issuing notices under Section 131 of the Act proceeded to decide the case on the basis of material on record - remand back the matter to the Assessing Officer, ITA Baddi to examine and decide the matter afresh on the basis of material adduced on record by the respective parties The High Court of Himachal Pradesh disposed of an appeal stating that the substantial question of law had already been decided in a previous case titled Pr. Commissioner of Income Tax Vs. M/s. Kundlas Loh Udyog on 17.05.2017. The appeal was disposed of accordingly.