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TMI Blog2015 (6) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... None ORDER (Per: Honourable Mr. Justice Ramesh Kumar Datta) Heard learned counsel for the appellant. The appeal has been filed against the order dated 29.08.2008 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna in ITA No.64/Pat/05 with respect to the assessment year 1996-97 by which the Tribunal has upheld the order dated 15.10.2004 passed by the Commissioner of Income Tax (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer came to the conclusion that neither purchases nor closing stock nor any papers relating to such transaction could be verified because of non-production of any evidence in the matter, hence the balance amount is also taken as income in the hands of the assessee. Aggrieved by the same, the appellant approached the CIT (Appeals) by filing the appeal. The CIT (Appeals) upon consideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnivance with some government servants, has fraudulently earned income from a government department thus putting the general public at loss, there is no reason why private parties would also volunteer to suffer loss and make payments to the appellant without commensurate returns and, therefore, even if the appellant is unable to prove expenses against receipts from the private parties, it would st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them could not be verified, hence the order of the Assessing Officer that the entire receipts were to be treated as income of the assessee could not have been interfered with by the CIT (Appeals) and the Tribunal. We are unable to accept the said submission of the learned counsel for the Income Tax Department. So far as the figures of supplies are concerned, the same are derived from the audited ..... X X X X Extracts X X X X X X X X Extracts X X X X
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