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TMI Blog2014 (2) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... depends upon the commission on receipts for arranging a particular contract - In the absence of any material to indicate that the assessee had derived such commission and it was concealed, it is not open for the assessing officer to make an assessment based on notional figures - The appellate authorities have arrived at a conclusion that the addition was improper - Both the additions have been mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he filed return of income for the assessment year 2001-2002 declaring a total income of Rs. 1,58,000/- and agricultural income of Rs. 1 lakh. The return was filed on 06/05/2005 belatedly and notice under Section 148 of the Income Tax Act 1961 (hereinafter referred to as 'the Act') was issued on 13/05/2006. He did not respond to the notice and hence notice under Section 142(1) of the Act was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment of professional income of the assessee for the assessment year 2001-02 and 2002-03. ii) Whether the treatment of agricultural income as income from undisclosed sources is reasonable and is in accordance with law. 5. The facts involved in the above case would show that in the assessment year 2001-02 the assessing officer proceeded on the basis that the assessee had declared income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -02 and Rs. 6 lakhs for the assessment year 2002-03. Similarly, addition relating to presumptive investment in purchase of land at Rs. 10 lakhs for the assessment year 2001-02 and Rs. 5 lakhs for assessment year 2002-03 was also deleted. It is found that no evidence was available for making such presumptive investments. 7. The Appellate Tribunal concurred with the view expressed by the first app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is not open for the assessing officer to make an assessment based on notional figures. 9. Under such circumstances, we do not think that the questions of law raised in the present appeal require to be considered on factual basis itself. The appellate authorities have arrived at a conclusion that the addition was improper. Both the additions have been made by the Assessing Officer on presump ..... X X X X Extracts X X X X X X X X Extracts X X X X
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