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TMI Blog2017 (5) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Heard Shri Manish Misra, learned counsel for appellant and Shri Amit Shukla and Shri Yogesh Agarwal, learned counsel for respondent. 2. This appeal under Section 260-A of Income Tax Act,1961 (hereinafter referred to as 'Act, 1961') has arisen from judgment and order dated 31.7.2007 passed by Income Tax Appellate Tribunal, Lucknow Bench 'B', Lucknow (hereinafter referred to as & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircumstances of the case the Income Tax Appellate Tribunal is justified in dismissing the appeal of the revenue on the ground that Assessing Officer has to first reject the books of accounts of the assessee before invoking reference u/s 131(1)(a) of the Act and 142(2)(a) of the Act. (The order of the Tribunal is perverse as reference has been made to a non-existent section of the Income Tax Act ie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not arisen. 6. He also pointed out that similar question in respect of A.Y. 2001-02 arisen from same judgment was considered by this Court in Income Tax Appeal No. 142 of 2007 and has been answered in favour of Revenue and against the Assessee vide judgment dated 13.09.2011. 7. Operative part of aforesaid judgement is reproduced as under :- "The facts and circumstances are identical in nature ..... X X X X Extracts X X X X X X X X Extracts X X X X
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