2015 (5) TMI 428

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..... t:- Department has not acted only on the basis of the allegations made in the First Information Report rather the DDI Investigation, Patna has collected details for the purpose, so far as it concerned the Income Tax Department and the materials collected by him, have also formed the basis for the Assessing Officer coming to the conclusions which he has. The Assessing Officer and the Appellate A .....

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..... al No. 590 of 2008, Misc. Appeal No. 591 of 2008 - - - Dated:- 9-2-2015 - Ramesh Kumar Datta And Anjana Mishra,JJ. For the Appellant : Smt Manju Jha, Adv. Mr D N Pathy, Adv. For the Respondents : Mr Mrs Archana Sinha, Sr. SC Mr Suman Kumar Mishra, Jr. SC JUDGMENT (Per: Honourable Mr. Justice Ramesh Kumar Datta) Heard learned counsel for the appellant and learned Sr. Cou .....

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..... ear 1992-93 and showing net income of ₹ 24,100/- on total sales of ₹ 8,51,513 for the assessment year 1993-94, the appellant did not file any other response or document despite several adjournments granted resulting in the assessment being made under Section 147 read with Section 144 of the Act. Aggrieved by the same, the appellant filed appeals before the Commissioner of Income Tax .....

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..... orders, it is evident that the department has not acted only on the basis of the allegations made in the First Information Report rather the DDI Investigation, Patna has collected details for the purpose, so far as it concerned the Income Tax Department and the materials collected by him, have also formed the basis for the Assessing Officer coming to the conclusions which he has. The appellant .....

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..... The aforesaid findings are purely findings of fact which cannot be assailed by the appellant in appeals filed under Section 260A of the Income Tax Act. Learned counsel for the appellant is unable to show how the conclusions drawn by the Income Tax Appellate Tribunal are perverse as being either based on no materials or contrary to the materials on the record. We are, thus, of the view that .....

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