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TMI Blog2011 (12) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... This order shall dispose of the above mentioned Income Tax Appeals filed under Section 260-A of the Income Tax Act, 1961 (for short the 'Act') arising out the order dated 5.8.2004 passed by the Income Tax Appellate Tribunal, Delhi Bench, Delhi in Income Tax Appeal No. 1570/Del/2004 & Income Tax Appeal No. 1271/Del/2004 pertaining to assessment year 1995-96 and ITA No. 1571/Del/2004 pertaining t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess of bricks. (iv) On the facts and in the circumstances of the case, the Hon'ble ITAT has erred in law in holding that in view of the facts ad circumstances of the case, the Tribunal was of the view that manufacturing result as well as trading results shown by assessee in its regular books of accounts were not suffering with any infirmity." 3. A survey under Section 133A of the Act was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Commissioner of Income Tax (Appeals) (for short the 'CIT(A)'). The learned CIT(A) recorded that before the Assessing Officer, the assessee has not produced any document or books of account nor these were produced during the inquiry under Section 131 directed by him under Section 250(4) of the Act. But the learned CIT(A) reduced the amount of income tax by applying a net profit rate of 6.57 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed reduced net profit rate. 6. A perusal of the order passed by learned CIT(A) does not show that such account books were produced before him. Therefore, the Tribunal could not return a finding that books of account were not considered by learned CIT(A) as nothing was produced before him. Such finding recorded by the Tribunal is nothing but perverse, therefore cannot be sustained. 7. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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