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2015 (6) TMI 137

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..... As the figures of supplies are concerned, the same are derived from the audited accounts and the figures of the CBI by the Assessing Officer as well as the Appellate Authorities and the same are not in dispute. Once it is accepted that the assessee had earlier made supplies to private parties, the reasons adopted by the CIT (Appeals) and Tribunal appear to be unassailable. No substantial question .....

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..... partment (AHD) of the Government of Bihar. Pursuant to a notice under Section 148 of the Income Tax Act for the aforesaid assessment year, the assessee filed his return of income for the said assessment year on 30.11.1996 showing the total income of ₹ 3,26,565/-. In the audited profit and loss account of the assessee, the total sale figure was shown to the extent of ₹ 3,30,75,704/-. Th .....

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..... e from supplies to private parties i.e., non-AHD parties, income from supply to AH Department to the extent of ₹ 1,65,13,065/- and income from receipt against non-supply to AHD to the extent of ₹ 96,97,914/-. The total receipt from AH Department was coming to ₹ 2,62,10,979/- and accordingly he held the entire income from receipt against non-supply to AH Department as the income o .....

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..... and they have made the payments against these supplies. For the said reason, the CIT (Appeals) held that on a reasonable estimate 10% of the supplies of ₹ 68, 64,725/- has to be treated as income of the assessee for the said assessment year. Aggrieved by the aforesaid order, the Department filed an appeal before the Income Tax Appellate Tribunal, which has upheld the order of the CIT ( .....

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..... late Authorities and the same are not in dispute. Once it is accepted that the assessee had earlier made supplies to private parties, the reasons adopted by the CIT (Appeals) and Tribunal appear to be unassailable. In the aforesaid view of the matter, we do not find that any substantial question of law arises in the present appeal. It is, accordingly, dismissed. - - TaxTMI - TMITax - Incom .....

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