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TMI Blog2002 (6) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... was right in law in deleting the addition of a sum of Rs. 2.5 lakhs in the total income of the assessee?" - We hold that the question raised is not a question of law but a pure question of fact. Accordingly, the appeal stands dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act for the sale of five flats during 1989-90 and he also took into account the nature of the construction of the flats and the fact that the assessee was having a jelly quarry of his own and jelly materials for the construction were obtained at less than market price from his own quarry. He also found that the assessee was also having his own metal crushing unit and a tractor with trailer for transporting the materials. He also took into account the cost of various items of materials used in the construction and taking into account the entire facts of the case, he held that there was no substantial undervaluation in the cost of construction as admitted by the assessee. However, the Commissioner of Income-tax (Appeals) held that sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Commissioner of Income-tax (Appeals) sustained the addition on some possible reasons for escapement, but he has not given any details regarding the escapement. The Appellate Tribunal incidentally referred to section 44AD of the Act which came into effect from the subsequent assessment year 1995-96 and observed that the profit shown by the assessee was 11.5 per cent. which was more than 8 per cent. fixed in section 44AD of the Act. The Appellate Tribunal therefore held that the addition of Rs. 2.5 lakhs, sustained by the Commissioner of Income-tax (Appeals) is not warranted, and deleted the same. It is against this order, the present appeal has been filed by the Revenue. We heard Mr. T.C.A. Ramanujam, learned standing counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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