AKIL KURESHI, BIREN VAISHNAV
Truptiben Bakulbhai Patel – Appellant
Versus
Income Tax Officer – Respondent
AKIL KURESHI, J.
1. Assessee has filed this appeal challenging the judgment of the Income Tax Appellate Tribunal dated 04.10.2016 raising the following question for our consideration:
“(i) Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in confirming the action of Commissioner of Income Tax (Appeals) in passing an ex-parte order dismissing the appeal of the appellant in limine without discussing the issues on merits which is in gross violation of provisions of Section 250(6) of the Act which mandate the Commissioner to pass a reasoned order.
(ii) Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in confirming the addition of Rs. 20,04,571/- under Section 68 of the Act as unexplained cash credits without there being any discussion or findings in the order under challenge.
(iii) Alternatively and without prejudice, whether, in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in not allowing set off of share trading business loss of Rs. 30,36,815/- against cash credit addition of Rs. 20,04,571/- under Section 71 of the Act?
(iv) Whether in the facts and c
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