9911796707
TMI Blog2003 (2) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... of undisclosed income. 2. The brief facts of the case are that there was an information with the AO that some material was brought from Jagadhary purchased from MMTC and the same was intercepted at the sales-tax check barrier Kundli and a penalty of Rs. 30,000 was levied. Statement of transporter was taken by the ADI and the same was passed on to the AO who, while holding that the said material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was ascertained at the end by CIT(A) that the goods intercepted at the sales-tax barrier on29th Dec., 1989, were not belonging to the assessee. Accordingly, additions made by AO were deleted. Now, the Department is in appeal here before the Tribunal. 3. The learned Departmental Representative simply placed reliance on the order of AO. On the other hand, the counsel of the assessee strongly place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee. Even at the stage of Tribunal, the Department could not file any detail which supports the contention of the AO. Therefore, without bringing any cogent material on record, the addition on presumptoin basis that the material belongs to assessee, are not possible. Therefore, in view of all these facts and circumstances and in view of the finding of CIT(A) which in our considered view are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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