ITA No. 449 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 449 of 2010 (O&M) Date of Decision: 20.9.2010 Abzony Safety Glass Ltd. ....Appellant. Versus Commissioner of Income Tax ...Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Pankaj Jain, Advocate for the appellant. AJAY KUMAR MITTAL, J. 1. Heard. Delay in refiling condoned. 2. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 against the order dated 29.5.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench “A”, Chandigarh in ITA No. 331/CHANDI/2009 for the assessment year 2002-03, proposing following substantial questions of law:- “i) Whether on the true and correct interpretation of the provisions of section 249, 250 of the Act the decision of CIT (A) on merits can be interpreted as a “satisfaction for an admission of an appeal” filed beyond the period ITA No. 449 of 2010 (O&M) -2- prescribed? ii) Whether Tribunal is right in law by not assigning any reason to the pleadings raised in pursuance to the grounds of appeal? iii) Whether the assessment framed u/s 144 r.w.s. 153A is valid and legal when the required information to form 'reason to believe' u/s 132 of the Act is lacking? iv) Whether on the true and correct interpretations of the provisions of section 254 of the Act Tribunal has the powers for interpreting adversely the order u/s 250 of the Act? v) Whether on the facts and circumstances of the case Tribunal order is sustainable since making contradictory decisions in the hands of different persons qua the same material for delay hence perverse in nature? vi) Whether on the facts and circumstances of the case assessment order is sustainable since disallowance of business loss and additions on account of unexplained investment in share capital money and unexplained bank deposits are based upon surmises and conjecture since very well explainable?” 2. Learned counsel for the appellant fairly states that similar matter has been decided against the assessee by order dated 7.9.2010 ITA No. 449 of 2010 (O&M) -3- passed in ITA No. 270 of 2010 (Abzony Safety Glass Ltd. v. Commission of Income Tax, Chandigarh). 3. Accordingly, the present appeal is dismissed. (AJAY KUMAR MITTAL) JUDGE September 20, 2010 (ADARSH KUMAR GOEL) gbs JUDGE