| The Tax Publishers2020 TaxPub(DT) 4199 (SC) : (2020) 272 TAXMAN 0094 INCOME TAX ACT, 1961
Section 261 Section 68
Where the department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Manishaben N. Mashru (R/Tax Appeal No. 1099, 1101 & 1103 of 2018, dated 10-9-2018) : 2018 TaxPub(DT) 6023 (Guj-HC), whereby the High Court held that the entire issue was based on factual consideration, thus, when the CIT(A) and the Tribunal, on the basis of materials on record, had come to a definite conclusion, no question of law arose and with respect to deletion of addition of Rs. 36.50 lakhs to which second proposed question of law related, the CIT(A) in particular had come to a conclusion that such addition was already made in the earlier year and second time, this could not be added, the Supreme Court dismissed the SLP as withdrawn due to low tax effect, however, leaving question(s) of law open.
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Appeal (Supreme Court) - Special leave petition - Income from undisclosed sources - Addition under section 68--Unexplained cash credits
Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Manishaben N. Mashru (R/Tax Appeal No. 1099, 1101 & 1103 of 2018, dated 10-9-2018) : 2018 TaxPub(DT) 6023 (Guj-HC), whereby the High Court held that the entire issue was based on factual consideration, thus, when the CIT(A) and the Tribunal, on the basis of materials on record, had come to a definite conclusion, no question of law arose and with respect to deletion of addition of Rs. 36.50 lakhs to which second proposed question of law related, the CIT(A) in particular had come to a conclusion that such addition was already made in the earlier year and second time, this could not be added.Held: Counsel for the petitioner, on instructions issued by the Department of Revenue, Ministry of Finance vide F.No. 390/Misc/116/2017-JC, dated 22-8-2019, sought permission to withdraw this special leave petition along with pending applications therein due to low tax effect. Permission was granted, subject to just exceptions. The special leave petition and pending applications were dismissed as withdrawn, leaving question(s) of law open.
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