9911796707
TMI Blog2005 (1) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... Ahmedabad Bench "SMC" in Income-tax Appellate Tribunal No. 1109/Ahd/2001 for the assessment year 1997-98. The assessee has proposed the following four questions: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the rejection of the books of account of the appellant as well as the addition aggregating to Rs. 2,12,047 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r N. Divatia, the learned advocate for the appellant. Admit. The following substantial question of law arises from the impugned order of the Tribunal: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in confirming the rejection of books of account as well as addition aggregating to Rs. 2,12,047 without assigning any reasons?" On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders of the Commissioner of Income-tax (Appeals) and the Assessing Officer. The Tribunal disposes of the appeal with the following observations in paragraph No.4: "4. I have heard the parties and considered their rival submissions. There is no evidence or material to support the assessee's contentions. The Assessing Officer has taken the average of three years and, therefore, the assessee's c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deration and the reasons which weighed with the Tribunal in rejecting the contentions raised on behalf of the appellant. Prima facie, the finding of the Tribunal that "there is no evidence or material to support the assessee's contentions" does not appear to be correct in the light of the paper book which was filed before the Tribunal. The court must not be understood to be laying down a proposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for itself. In this view of the matter, the question referred to the court is answered accordingly and the impugned order dated August 11, 2003 is quashed and set aside. The appeal, being I. T. A. No. 1109/Ahd/2001 is restored to the file of the Tribunal for being decided afresh after giving full and proper opportunity to the parties to make their submissions. The appeal is accordingly allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
