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TMI Blog2013 (1) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... essment under the Delhi Sales Tax Act had also been made on the turnover and further, all the purchases and sales have been accepted by the Assessing Authority under the Income Tax Act while completing the assessment for the instant year under Section 143 (3) - order of the Tribunal does not suffer from any legal infirmity as no unaccounted receipt is confirmed - in favour of assessee. - INCOME TAX APPEAL No. - 139 of 2010 - - - Dated:- 4-1-2013 - R.K. AGRAWAL, AND RAM SURAT RAM (MAURYA), JJ. Petitioner Counsel:- A.N. Mahajan/Sc The present appeal has been filed under Section 260 (A) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') against the order dated 26.8.2009, passed by the Income Tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umar, namely, Sri Bishan Chand was also examined and confirmed the transactions of sale effected through him. The Assessing Officer however did not believe the statement and the documentary evidence filed before him and vide order dated 27.1.2006 assessed the income at Rs. 31,21,220/-, comprising of unexplained accretion in assets at Rs. 13,50,000/-. Feeling aggrieved, the respondent preferred an appeal before the Commissioner of Income Tax (Appeals) who vide order dated 24.3.2008 allowed the appeal. The Commissioner of Income Tax (Appeals) while allowing the appeal has held as follows: - "6.1. I have considered the submissions of the appellant with reference to the appellate order passed by this office in appellant's own case in assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Chopra, learned counsel, submitted that the statement of Sri Manoj Kumar was categorical in which bogus transactions and paper entries were given by the firm, M/s. Bishan Chand Mukesh Kumar and therefore, the Tribunal had erred in law in discarding the statement and accepting the case set up by the respondent assessee. The submission is wholly misconceived. The respondent assessee had submitted sufficient material and evidence to show that he was in possession of the requisite jewellery as the same was declared under the Voluntary Disclosure of Income Scheme, 1997, which was also accepted and tax was paid. Further, Sri Bishan Chand, partner of M/s. Bishan Chand Mukesh Kumar was examined on oath by the Assessing Officer and Sri Bishan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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