2005 (8) TMI 683

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..... . 20th Jan., 2005. The appellant urges that two substantial questions of law arise in this case for consideration; one relating to deleting the additions made under s. 68 by the AO in the income of the assessee as unexplained cash credit and second relating to the applicability of invoking s. 44AF of the Act of 1961 for making the assessment at the fixed percentage of its turnover. 3. So far as .....

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..... this does not give rise to any substantial question of law. 4. So far as the second issue is concerned, s. 44AF in terms is clear that it applies only to wholesale (sic-retail) trader who is (sic-not) involved in wholesale trade. The Tribunal has come to the conclusion that Revenue has failed to prove that assessee was rightly assessed when he has produced document before the assessing authori .....

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