The Commissionr Ofincometax-24,Mum v. M/S Mahavir Construction Co.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1283 OF 2008 The CIT-24 )..Appellant V/s.

M/s.Mahavir Construction Co. )..Respondents ---- Mr.R.Asokan for the appellant.

Ms.Aasifa Khan for the respondents.

---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 16.02.2009.

PC

1. Admit on the following question :- (A) Whether on the facts and in the circumstances of the case and in law the Hon'ble Tribunal was justified in deleting the addition of Rs.16,80,260/- made in the case of Assessee which was based on the seized papers and statements of the partners recorded during the course of search and not on estimates, surmises or conjunctures as held by the Hon'ble ITAT ?

2. Respondents waive service.

(R.S.Mohite,J) (F.I.Rebello,J)