AJAY KUMAR MITTAL, J. - (1.) THIS is assessee's appeal filed under S. 260A of the IT Act, 1961 (for short "the Act") against the order dt. 6th Nov., 2009, passed by the Income-tax Appellate Tribunal, Delhi "C" Bench (in short "the Tribunal") in ITA No. 3272/Del/2008, relating to the asst. yr. 2005-06.
(2.) THE following substantial questions of law have been claimed for determination of this Court : "(i) Whether on the true and correct interpretation of the provisions of S. 145 the findings are sustainable for charging the income from undisclosed sources under Chapter VI without discharging the Departmental onus to prove the source of such other income ? (ii) Whether the Tribunal's order is sustainable for the additions made to the income of the assessee as income from other undisclosed sources can be considered as income from the business which is eligible for deduction under S. 80-IB of the Act, 1961 ?" The facts, in brief, necessary for adjudication as narrated in the appeal, are that the assessee-firm that came to be formed in the year 1992 is exclusively engaged in manufacturing and export of textiles goods and all the partners of the firm are not carrying on any other business except that being partners in the firm. The assessee filed return for the asst. yr. 2005-06 declaring an income of Rs. 66,61,927. On 9th March, 2005, a survey was carried out at the premises of the assessee-firm. The return was processed under S. 143(1) of the Act on 30th Nov., 2005 and after the scrutiny proceedings were completed under s. 143(3) on 6th Dec., 2007, the AO finalised the assessment at an amount of Rs. 88,31,400 by order dt. 6th Dec., 2007. The Commissioner of Income-tax (Appeals) [in short "the CIT(A)"], dismissed the appeal of the assessee, vide order dt. 16th Sept., 2008.
(3.) THE assessee took the matter in further appeal before the Tribunal. The Tribunal also did not take any exception to the findings recorded by the AO and affirmed by the CIT(A), vide order dt. 6th Nov., 2009 and it is how the present appeal at the instance of the assessee.;