DR.SATISH CHANDRA, J. - (1.) PRESENT appeal under Section 260 -A of the Income Tax Act, 1961 has been preferred by the Department against the judgment and order dated 31.05.2003 passed by the Income Tax Appellate Tribunal, Lucknow in ITA No.1401/ALLD/1997, for the block period 01.04.1986 to 26.06.1996.
(2.) ON 29.04.2008, a Coordinate Bench of this Hon'ble Court has admitted the instant appeal on the following substantial question of law: "Whether the view of the Tribunal deleting the two additions of Rs.40,58,000/ - and Rs.20,38,274/ - aggregating to Rs.60,96,274/ - is legally justified and is in accordance to the law." The brief facts of the case are that the assessee is a practicing medical doctor having different sources of income such as income from agricultural activities, medical profession and pathology etc. On 25.09.1996, a search at the residential premises of the assessee as well as a survey under section 133 -A of the Act simultaneously was conducted at the business premises situated at Tulsidas Marg, Lucknow, where Charak X -Ray Clinic and Blood Bank are located. During the survey, register marked as 'B -4' and 'B -5' pertaining to the Blood Bank were found and seized. Another register marked as 'A -23', was also seized pertaining to the Charak X -Ray. No search was conducted at the business premises of the assessee from where these registers were impounded.
(3.) IN the above circumstances, the A.O. has made the additions under Section 158 -BC of the Act for the block period mentioned above, pertaining to the Blood Bank; and Charak X -Ray, as per the following details given herein under: JUDGEMENT_753_TLALL0_2013.htm The additions made by the A.O. were upheld by the First Appellate Authority. However, the Tribunal has deleted both the additions. Being aggrieved, the department has filed the present appeal.;