Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2015 (1) TMI 1203

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... instructed by Dsr Associates, for the respondent. JUDGMENT 1. This appeal by the Revenue under section 260A of the Income-tax Act, 1961 ("the Act"), challenges the order dated December 23, 2011, passed by the Income-tax Appellate Tribunal ("the Tribunal") for the assessment year 1994-95. 2. The following question of law has been raised for our consideration : "Whether, on the facts and in the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Assessing Officer. This notwithstanding the respondent-assessee denying having made any payment to Captain Satish Sharma. 4. On appeal by the respondent-Revenue, the Commissioner of Income- tax (Appeals) by order dated March 31, 2008, allowed the appeal. This after recording the fact that the copies of the statement being relied upon by the Revenue were not furnished in full to the responden....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t was found that on cross- examination, the Additional Private Secretary of Captain Satish Sharma retracted his earlier statement. Thus, following its decision in Essar Oil Ltd. (supra), the order of the Commissioner of Income-tax (Appeals) dated March 31, 2008, in the respondent-assessee's case, was upheld. 6. The grievance of appellant-Revenue with the impugned order is that once a charge-s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....payment of Rs. 2 crores by the respondent-assessee to Captain Satish Sharma and particularly when the proceedings itself resulted in acquittal of Captain Satish Sharma by the trial court. The State then preferred a revision application against the order of acquittal and the Delhi High Court in Criminal Revision Petition No. 33 of 2001 reported in P. V. Narasimha Rao v. State [2002] Crl LJ 2401 (De....