1984 (7) TMI 399

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..... lly, dated 28.3.1983. 2. The assessee carried on business of foam, jute mattresses and bed sheets etc. The book version of the assessee was rejected by the Tribunal observing : however, the survey dated 27.1.1978 was adverse to the assessee because cash book was not found at the shop and the difference between the books and returns remained unexplained. the other reasons given for rejectin .....

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..... articular book at the time of survey, for a good reason, then, I agree with the assessee that the failure of the assessee to show the books at the time of survey will not warrant rejection of the books. The position may be different in the cases where mala fide of the assessee is established in not showing the books at the time of survey. Where mala fide of the assessee is established, for withhol .....

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..... ₹ 175/05, out of which the difference of ₹ 100/05 was explained in writing and difference of ₹ 75/- was attributed to a mistake in totalling. On these facts, the difference in the books and the returns could not be a good ground to reject the books. 4. I, therefore, hold that the book version of the assessee, on the facts and circumstances, should have been accepted. The pape .....

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