9911796707
TMI Blog2003 (1) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... for repair and renovation of the building. It was found that while completing the assessment the Assessing Officer had not found any fault in the maintenance of the books of account. Thus, it held that the order passed by the Commissioner of Income-tax was unjustified - Tribunal was not correct in refusing to refer the question as set out in the application - we allow the application and direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Raj) is not applicable even though the Assessing Officer had found books of account defective and had made an addition of Rs. 25,000 and had erroneously disregarded the report of Departmental Valuation Officer to whom reference was made by himself?" The instant application pertains to the assessment year 1993--94. The respondent-assessee during the assessment proceedings noticed that the depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, arrived at the conclusion that the Assessing Officer had not properly appreciated the material placed before him by the assessee. He also found that the assessee by its conduct accepted that the books of account were not reliable and correct. In view of this, he allowed the appeal and direct the Assessing Officer to hold proper inquiry. The Commissioner of Income-tax, also arrived at the concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the Revenue, and Mr. Suresh Ojha, learned counsel for the assessee. We have also read the order of the Assessing Officer from the file of learned counsel for the assessee. Without expressing any opinion on the merits of the case, we are of the opinion that the Tribunal was not correct in refusing to refer the question as set out in the application. In view of this, we allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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