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Issues involved: Cross-appeals filed against the order of the learned CIT(A) dated 19-12-2002 pertaining to assessment year 2000-01.
Additional Ground of Appeal: - The additional ground relates to the action of the IT Inspector in taking statements during a search. - The Inspector of IT was not authorized to administer oath for recording statements. - Statements of a key individual were not signed by the Inspector or Assessing Officer, rendering them invalid as evidence. - Trading addition was based solely on these statements, leading to a significant discrepancy in stock valuation. - Assessing Officer made a trading addition after rejecting books of accounts under section 145(1) and applying a higher GP rate. - Tribunal excluded the statements as valid evidence due to lack of proper authentication. - Assessee's better GP rate in the current year compared to previous years supported the argument against further trading additions. - No concrete evidence supporting trading addition was found during the survey. - Tribunal allowed ground No. 1 of assessee's appeal and dismissed ground No. 1 of revenue's appeal. Job Work Receipts: - Assessing Officer estimated net income from job works and made an addition, which was later reduced by the CIT(A). - Tribunal agreed with CIT(A) that there was no basis for additional addition in job work receipts. - Income shown by the assessee from job work was supported by documentary evidence. - Ground related to job work receipts addition was dismissed. Appeal Against Deceased Person: - Legal plea raised regarding the appeal filed against a deceased person. - The appellant provided a death certificate of the deceased individual. - Tribunal noted that any appeal against a deceased person is not maintainable if the respondent is the only one. - The fact of the individual's death was brought to the notice of the ITO after the appeal was filed before the Tribunal. - The revenue corrected the mistake by filing the Legal Representatives on record. - The appeal was not deemed to abate and was considered a curable irregularity. - Both appeals were partly allowed in the result.
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