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TMI Blog2016 (4) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... ether, on the facts and circumstances of the case and in law the Tribunal was justified in directing the A.O. to take the turnover of the Assessee on account of the undisclosed turnover for the months of August, 2005 to September, 2005 and dismissing the appeal ?" 3. On 5th June, 2007 a search operation under section 132 of the Income Tax was carried out on the respondent-assessee. Consequent thereto, on 25th November, 2006 the respondent-assessee filed its return of income under Section 153A of the Act declaring the total income of Rs. 1.52 crores. During the course of assessment proceedings the Assessing Officer relied upon certain loose papers found during search in respect of period 15th January, 2007 to 31st May, 2007. These papers re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Tribunal by the impugned order dated 8th May, 2013 allowed the respondent-assessee's appeal holding that only undisclosed sales for the months of August 2005 to September 2005 are alone to be taken into account in determining the respondent-assessee's income for the subject assessment year. It held that the average of sales per month obtained for the period cannot be extended to the entire year. This is so by relying upon the Special Bench's decision of the Tribunal in the case of All Cargo Global Logistics Ltd. vs. DCIT (2012) 137 ITD 287 (Mumbai)(SB). 6. Pending consideration of the present appeal, the Revenue's appeal to this Court from the decision of the Special Bench in All Cargo Global Logistics Ltd. (supra) bei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistics Ltd. (supra) would support the stand of revenue and the appeal ought to be admitted. Mr. Malhotra essentially submits as under : (a) That the decision of this Court in All Cargo Global Logistics Ltd. (supra) was dealing with completed assessment as is evident from question no.1 formulated therein. In contrast the assessments in this case were pending on the date of the search as no notice under Section 143(2) of the Act was issued to the respondent-assessee although intimation under Section 143(1) of the Act had been issued. (b) So far as the registers evidencing sales found for the period August 2005 to September 2005 is concerned, the Revenue is entitled to extrapolate the sales recorded therein for the entire assessment year. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case this issue is covered by the decision of this Court in All Cargo Global Logistics Ltd. (supra) in favour of the respondent-assessee inasmuch as it restricts the assessment to be made only to the incriminating material found during the course of search. The reliance upon the decision of the Supreme Court in H.M. Esufali H.M. Abdulali (supra) is inappropriate. This is so as it was passed under the sales tax law and it proceeded the basis of best judgment assessement i.e. disregarding the assessee's books of account. It is not so in this case. 10. So far the last submission viz. the decision of Andhra Pradesh High Court in Gopal Lal Bhadurka (supra) is concerned, we find that in the facts of that case as recorded, the Court held t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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