2023 (8) TMI 1075

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mar Singh For the Petitioner : Shri Siddharth Sharma - Advocate For the Respondent : None ORDER The Revenue has approached this Court by preferring this appeal u/S 260A of the Income Tax Act in regard to the dispute pertaining to assessment year 2012-13 proposing following substantial questions of law: 1. Whether on the facts and within the legal spectrum of the case, Hon'....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....law vis-a-vis the deletion made by the learned ITAT ? 5. Whether, the learned ITAT has erred in law by ignoring the law laid down on the appreciation of evidence in the instant matter ? 6. Whether, the ITAT has applied the relevant law by ignoring the suppression of sales of iron ore and the legal principles arising therefrom ? 7. Whether, the suppression rate that was w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....found that in absence of any charge of evasion of royalty/tax, it cannot be presumed that there is any suppression of quantity of production from the mine or the purchase made by appellant from M/s Jai Minerals. The Tribunal also found that the findings leading to addition by the Assessing Officer are based on presumption rather than proof. Moreso, other findings rendered in the aforesaid parag....