- (1.) The present tax appeal has been filed by the Appellant under Section 260A of the Income Tax Act, proposing to raise the following substantial questions of law: (i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs. 18,00,000 by rejecting the fat content iri, standard and toned milk produced by the Appellant even though the same compared favourably with comparative cases of Amul and Uttam Dairies respectively and the department had not brought any comparative case showing less fat content than that of the Appellant (ii) Whether there was any evidence before the Tribunal to hold that actual fat content in standard and toned milk was less than what Appellants books showed (iii) Whether the Tribunal was right in law in holding that the comparative cases of Amul and Uttam were new evidence before the Tribunal and the same was not pleaded for admission in accordance with law when in fact,-this evidence was there before the lower authorities, and therefore, no prayer for admission thereof was necessary
(2.) Notice for final disposal was issued on 30-11-2009 which was duly served.
(3.) Heard the learned Counsel Mr. J.P. Shah for learned Counsel Mr. Manish J. Shah for the Appellant and learned senior standing counsel Mr. M.R. Bhatt appearing with Mrs. Mauna M. Bhatt for the Respondent.;