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TMI Blog2005 (11) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing questions are raised : 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in not rectifying its earlier order, and sustaining addition to the tune of Rs. 50,000 instead, of Rs. 48,500 despite the fact that 2/3rd investment in pawning business at Rs. 72,750 was accepted by the Tribunal ? 2. Whether, on the facts and in the circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re is Rs. 48,500. The AO on the basis of the record considered the amount found for the period from 26th Oct., 1993 to 13th Dec., 1994. At the time of search, assessee himself admitted that Rs. 75,750 had already been advanced. On the basis of this figure and the material found total amount in the block year comes to Rs. 1,15,250 and on the basis of investment, which had not been explained before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . There is no apparent mistake, which can be rectified. 6. The next issue involved in these questions is whether assessee is entitled for deduction under Chapter VI-A. That was also rejected in appeal on the same ground that was not pressed. In the miscellaneous application also, that ground was rejected as the ground was not pressed at the time of hearing before the Tribunal. 7. Mr. Kasliwal su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this amount should be made. While arguing this ground, the learned Authorised Representative has not placed any material on record to show the actual calculation. The AO has also made lump sum addition on the basis of investment, which is direct approach based on assets. We, therefore, treat this ground of appeal as not pressed and hence dismissed. 8. On the basis of material produced when the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the next issue regarding deduction under Chapter VI-A is concerned, Mr. Kasliwal prays for withdrawal of the appeal with a liberty to move a miscellaneous application before the Tribunal to reconsider the case. 11. Prayer sought for is allowed. The appeal is dismissed as having been withdrawn so far as the issue regarding deduction under Chapter VI-A is concerned with a liberty to him to file a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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