Case Law Details
For non appearance of those traders, no adverse inference ought to have been drawn by the authorities below and the appellant-assessee has led satisfactory evidence that its business is only that of the Commission Agent and not ‘a Trader’ dealing in the goods. (Para 12)
Commissioner of Income Tax is right in holding the appellant_assessee as an ‘Arhatiya’ (Commission Agent) for the year 1984-85 and not as ‘trader’ as held by the Assessing Authority and accepted by the Income Tax Appellate Tribunal as well as by the High Court.(Para 13)
Discover the legal nuances in the Supreme Court judgment (Civil Appeal 582/2008) involving M/s Anis Ahmad and Sons versus Commissioner of Income Tax. Uncover the intricacies of the case where the appellant, a Commission Agent, challenges the classification as a ‘Trader.’ The court emphasizes that no adverse inference should be drawn due to non-appearance of certain traders and affirms the appellant’s role as an ‘Arhatiya’ (Commission Agent). Explore the details of the case and the court’s decision dated 22/01/2008.
IN THE SUPREME COURT OF INDIA
Appeal (civil) 582 of 2008
Please become a Premium member. If you are already a Premium member, login here to access the full content.