Shyam Biri Works Ltd. vs Commissioner Of Income Tax
2011 Latest Caselaw 5876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- INCOME TAX APPEAL No. - 363 of 2008
 

 
Petitioner :- Shyam Biri Works Ltd.
 
Respondent :- Commissioner Of Income Tax
 
Petitioner Counsel :- R.P.Agarwal
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Naheed Ara Moonis,J.

The amendment application for adding question no. 1 in the memo of appeal is allowed.

Admit this appeal on the questions of law as follows:-

"II. Whether on the facts and in the circumstances, the Ld. ITAT is correct in law in affirming the order of the CIT (A) of not including the expenditure of Rs. 18, 04, 627/- incurred by the assessee during the construction stage of the hotel on consultancy of how to run the hotel, in the cost of construction of the hotel?

IA.  Whether on the facts and in the circumstances of the case, the addition of Rs. 27, 75, 450/- to the income of the assessee as unexplained investment on account of alleged difference in the cost of construction of hotel as per the books of the assessee and as per the valuation done by the valuer of the DVO is justified in law when the accounts of the assessee are duly audited and the same have been accepted by the Assessing Officer.?"

Order Date :- 17.11.2011

RKP