TMI Blog2009 (7) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CIT(A) as well as ITAT that the surrender was accepted. However, the AO added taxable income over and above the surrendered amount, which was deleted by the CIT(A) as well as by ITAT – held that - We are unable to hold that any substantial question of law arises. There is a concurrent finding of fact that the Department had accepted the surrendered income and if the finding is against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, on the facts and circumstances of the case, the Department is under obligation to accept any amount of surrender income which is not based on the documents found in the survey under section 133A ? (ii) On the facts and circumstances of the case whether the learned Income-tax Appellate Tribunal is justified in not giving any finding on the issue of unrecorded sales when the Commissioner of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Learned counsel for the appellant submits that the finding of the Commissioner of Income-tax (Appeals) as well as the Tribunal is against the record and there was no acceptance of the surrender and the Assessing Officer was justified in making the addition, over and above the surrendered income. 5. We are unable to hold that any substantial question of law arises. There is a concurrent find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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