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2011 (1) TMI 163 - HC - Income TaxFixed assets - assessee was asked to explain the same - assessee produced all the documents however some bills were missing - According to the assessee the bills were in the hard disc that was seized by the Department and was corrupted in transit - Tribunal in its order has recorded that the machinery was found in the premises during inspection of the factory and was shown in the audited account and as such there is no justification to make addition No illegality Appeal dismissed
Issues:
Appeal by Income-tax Department against Tribunal's order for assessment year 1997-98 regarding additions in fixed assets. Analysis: The case involves an appeal by the Income-tax Department against the order of the Income-tax Appellate Tribunal concerning additions in fixed assets for the assessment year 1997-98. The assessee had filed a return for the relevant year, after which a search was conducted by the Department at two units of the assessee - one at Dadra and the other at Ghaziabad. Significant additions in fixed assets were reported in both units. The assessing officer added a substantial sum to the income, considering the unverified additions in the fixed assets. Subsequently, the assessee appealed to the Commissioner of Income-tax (Appeals) at Ghaziabad, resulting in the deletion of the added amount. Dissatisfied, the Department filed an appeal before the Tribunal, which was dismissed on 19.1.2007, leading to the current appeal before the High Court. Upon reviewing the case, the High Court noted that the Tribunal had found the machinery in the premises during inspection and recorded it in the audited accounts. Consequently, the Tribunal concluded that there was no justification for making the addition in question. The High Court observed this as a factual finding, devoid of any legal infirmity. Consequently, the Court held that the appeal lacked merit and dismissed it accordingly. The judgment affirms the Tribunal's decision, emphasizing the factual basis for the conclusion reached regarding the additions in the fixed assets.
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