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TMI Blog2011 (11) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... AHIT AND S.N. SATYANARAYANA, JJ. A. Shankar and M. Lava for the Appellant. Indrakumar and E. Sanmathi Indrakumar for the Respondent. JUDGMENT 1. This appeal is filed by the assessee being aggrieved by the order passed by the Income Tax Appellate Tribunal, Bangalore Bench "A" in ITA No.503/Bang/2010 (assessment year 2001-02) dated 18.02.2011, wherein the appeal filed by the appellant herein is dismissed. 2. The material facts leading up to this appeal was are under: The appellant filed the return of income on 18.09.2001 declaring nil income. A notice under Section 143(2) was issued on 27.11.2001 and was served upon the assessee on 28.11.2001. The assessee is a firm running the hospital under the name of "Indira Hospit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l before the Income Tax Appellate Tribunal, Bangalore Bench, in ITA No.503/Bang/2010, which was dismissed by order dated 18.02.2011. Being aggrieved by the same, this appeal is filed contending that the substantial question of law as to whether the decision of the Tribunal is contrary to the principles laid down by the Hon'ble Supreme Court in the case of Sargam Cinema v. CIT [2010] 328 ITR 513/[2011] 197 Taxman 203 as the Assessing Officer has not specifically set aside the accounts maintained and therefore the matter could not be remitted to the DVO and wherefore the order passed by the Tribunal is perverse and arbitrary. 3. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the assessee is not set aside and no reference can be made to the DVO. On scrutinising the material on record and the facts of the case, it is clear that the Assessing Officer as also the Appellate Authority have upheld the reference made to the DVO as it was found that the accounts had not been properly maintained and did not reflect the actual expenditure incurred and the Tribunal has also held that the matter was referred to DVO only after it was found that the accounts has not been properly maintained which would necessarily mean that the accounts of the assessee has been rejected and reference has been made to the DVO. Further the First Appellate Authority has already given substantial relief to the assessee by adding only 25% of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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