JUDGEMENT
AJAY KUMAR MITTAL, J. -
(1.) ACT "), the Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as "the Tribunal') has referred the following
questions of law for the asst. yr. 1988 -89 :
"1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in deleting the additions of Rs. 1,642, Rs. 36,140, Rs. 99,000 and Rs. 6,23,000 made by the AO and upheld by the CIT(A), by holding that the assessee had discharged the onus by explaining that slips contain the rough calculations and it was for the Revenue to prove that the same represent the transaction of sale of stock -in -hand ?
(2.) WHETHER , on the facts and in the circumstances of the case, the findings of the Tribunal are perverse - owned by the assessee and during the search, the assessee was found in possession of 1470 grams of gold ornaments
and Rs. 50,750 in cash. Five slips/loose papers/chits containing some calculations written in the assessee's hand were
also seized from him. The assessee surrendered a sum of Rs. 5,00,000 for tax on account of the unexplained cash and
amounts on account of calculations appearing on the five slips :
(Rs.)
"Slip No. (i) 1,642
Slip No. (ii) 36,140
Slip No. (iii) 99,000
Slip No. (iv) 6,23,000"
(3.) AGGRIEVED by the order of the AO, the assessee filed an appeal before the CIT(A) who upheld additions made by the AO by observing that the assessee had failed to explain the contents of the documents. The assessee took the matter
before the Tribunal by filing second appeal which was allowed.
No one has appeared on behalf of the assessee to oppose the reference.;
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