Hindustan Refrigeration Stores vs Commissioner Of Income-Tax
2001 Latest Caselaw 968 Del

JUDGMENT

1. Heard.

This is an appeal under Section 260A of the Income-tax Act, 1961.

2. The questions which have been proposed for adjudication relate to the findings of the Tribunal regarding alleged suppression of transactions. The assessed claimed that the alleged suppressed transactions were direct sales to customefs by the dealer and it only received commission. This plea was rejected by the Assessing Officer.

3. We find that the Assessing Officer referred to certain books of account seized and the report received from the supplier, i.e., Kirloskar Brothers Limited (in short "KBL"). It was noticed by the Commissioner of Income-tax (Appeals) (in short "the CIT(A)") that there was no evidence regarding the arrangement of direct sales as claimed by the appellant. On the contrary, it was noticed by the said authority that the stand of the assessed varied from time to time and different stands were taken at different points of time. He referred to a certificate given by KBL and certain correspondences to conclude that the Assessing Officer's view regarding suppression of transactions was in order. In appeal, the Tribunal noted and analysed the factual aspects and upheld the conclusion of the Commissioner of Income-tax (Appeals). It referred to the running accounts of the appellant noticing as to how the plea regarding direct purchase by some persons was not acceptable. The conclusions of the Tribunal are essentially factual not giving rise to any question of law. The appeal is, therefore, not maintainable and is not entertained.

 Dismissed.                                                         .