2022 (2) TMI 1097

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....e Income Tax Appellate Tribunal "B" Bench Kolkata (Tribunal) in ITA No. 1179/Kol/2012, ITA No. 1225 & 1226/Kol/2012, ITA No. 1426 & 1427/Kol/2012, ITA No. 1480 & 1481/Kol/2012 for the assessment years 2004-05 to 2010-11. The revenue has raised the following substantial questions of law for consideration : 1. Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law in not accepting the contention of the Assessing Officer as to the authenticity of the books of accounts produced by the assessee in the course of search and survey operations who rejected the contention of the assessee that the records were destroyed by fire and that the whole of the contents of the books of accounts were audited by the auth....

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.... the payment toward immovable property? 6. Whether the Hon'ble ITAT erred in law in setting aside the addition made on account of cash payment noted in seized document ILRT-I and ILRT-2 for deciding this issue afresh without appreciating the facts discussed in the assessment order that there was no material on record to suggest the actual nature of the utilization of cash and whereas assessee failed in establishing that the cash payments were actually came from the regular cash book as clearly discussed in assessment order? We have heard Mr. Smarajit Roychowdhury, learned standing counsel duly assisted by Mr. Arunava Ganguly, learned advocate for the appellant/revenue and J.P. Khaitan, learned senior counsel assisted by Mr. Pratyush Jh....

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....lace in the office premises of the assessee at Strand Bank Road, Kolkata. Noting the facts, the Tribunal found that the assessee was able to substantiate with official records to show that there was a fire accident in the said premises which had destroyed the records. The learned department representative who appeared before the Tribunal could not controvert the said fact. Apart from that the other factual findings rendered by the CIT(A) were also considered and approved by the Tribunal. Thus we find there is no question of law much less substantial question of law arising on these issues, which have been raised in question Nos. 1 to 3. Accordingly, the same stand rejected. With regard to substantial question no. 4 is concerned which arise....