Hari Om Maratha, - (1.) THIS is an appeal by the Department against the order of CIT(A), dt. 28th Feb., 2000 for asst. yr. 1995-96.
(2.) There was a survey in the case of this assessee, which was carried out on 23rd Sept., 1994 under Section 133A of the IT Act 1961, (hereinafter referred to as 'the Act' for short). One truck-load of Raida was found to be unrecorded in the books, which was lying at the place of business of the assessee. The explanation of the assessee that the bill regarding this Raida, which was purchased from M/s Bhagirath Mal Lalchcand, has not yet been received, so it could not be recorded in the books, was not accepted by learned AO and made the addition, on the basis of statement which was later retracted. The assessee also produced the evidence with regard to the purchase of this Raida, dt. 23rd Sept., 1994 and the same was also produced. The CIT(A) deleted this addition by holding that the assessee has explained the source of acquisition of this Raida, and that the surrender made by the assessee at the time of the survey cannot be the only basis of addition in the light of other documentary evidence on record.
(3.) NOW the Department is aggrieved. I have heard rival submissions. The learned Departmental Representative has relied on AO's order and has repeated the same arguments. The learned Authorised Representative has relied on CIT(A)'s order and taken same line of arguments, as taken earlier.;