9911796707
TMI Blog1980 (3) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 1977-78. 2. The assessee has taken the sole ground reading "For that the learned AAC erred in facts and in law and was not justified in upholding the addition of Rs. 20,000 in the trading account. For that the same may be deleted". 3. Facts material for the purposes of this appeal, briefly stated, are that the ITO while computing the total income in the case of the assessee made an addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel for the assessee has contended that in the assessment order the ITO has relied upon certain facts as to showing of gross profit rate at 15 per cent by other assessees dealing in hardware goods, but the same fact has never been put to the assessee during the course of assessment proceeding, as such the assessment was hit by sub-s. (3) of s. 142. The learned counsel for the assessee also s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd reasonable. 7. We have our due consideration to the facts of the case as also to the submissions made before us by the learned Authorised Representative of the parties. We have also perused our order dt. 31st July, 1979 made in the case of the assessee for the immediately preceding year 1977-78 in ITA No. 20 (Gau) of 1979. We have also compared the facts of the case before us in the above ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment order, having imported knowledge, that, other assessees dealing in hardware goods are showing profit not less than 15 per cent, in our view, amounts to material gathered and utilised for the purpose of assessment in the case of the assessee and the said material having not been put to the assessee, i.e. the assessee having not been given an opportunity of being heard in respect of this mate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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