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TMI Blog2014 (1) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... e is the partnership firm, which deals in gold and silver jewellery and derived income from running a jewellery shop. A search and seizure under Section 132 of the Income Tax Act was conducted on 26.9.2001 and on subsequent dates at the business premises of the assessee. During the course of search, cash, gold, diamond and silver jewellery were found and seized. In course of the assessment proceeding, the Assessing Officer added : (i)Rs.17,00,378/on account of suppression of gross profit; (ii)The Assessing Officer has also added Rs.37,78,883/on account of unexplained unsecured loans and on account of unexplained sundry debtors appearing in the loose sheets ; (iii) The Assessing Officer made an addition of Rs. 4,74,658/on account of exces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.31 of 2007. 6. Even though the Revenue has challenged the order of the Tribunal, in and by which the Tribunal upheld the order of the CIT(Appeals) in respect of deletion of addition of Rs.17,00,378/on account of suppression of gross profit; addition of Rs.34,99,483/as undisclosed income on account of unsecured loan and deletion of addition of Rs.4,74,658/on account of unexplained excess stock ; addition of Rs.25,235/on account of deficit stock of silver and stone, the learned counsel for the RevenueMr. Deepak Roshan submitted that in so far as the deletion of addition on the above four counts, the issues are covered by the earlier order dated 10.12.2007 passed in T.A. No.31 of 2007. 7. Having regard to the submissions made, we have he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs.1,16,210/was duly reflected in cash book, which was found in Computer hard disk seized by ADIT(Investigation). The learned counsel for the Assessee submitted that on being satisfied that the said cash was reflected in cash book, which was found in Computer hard disk seized by Assessing ADIT(Investigation), which was accepted by the ITAT, no substantial question of law is involved in the present Tax Appeal. 9. We have carefully considered the submissions of the learned counsel for the Revenue as well as the learned counsel for the Assessee and considered the materials on record. We are of the view the addition of cash found at the business premises, whether the same was reflected in the cash book or not is only a question of fact. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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