1985 (4) TMI 147

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ntests the appeal on the ground that on the facts and in the circumstances of the case the AAC erred in confirming the order of the ITO who has estimated the business income of the assessee at Rs. 23,770. The assessee has taken an additional ground of appeal, namely, that the ld. AAC erred in holding that no appeal lies against the agreed assessment. 2. The assessee deals in Kirana and Grains. B....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ven if the "statements of explanation" stated in the letter of authority given to the counsel are only the statements and explanations as listed in r. 12A of the IT Rules, 1962. As per r. 12A of the IT Rules, 1962 the authorised representative can submit particulars of accounts, statements or other documents supplied to him by the assessee for the preparation of the return of income, and if the Au....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he aforesaid fact, a copy of affidavit of the assessee has been filed before us. Without prejudice to the above contentions, the ld. counsel for the assessee alternatively contended before us that the assessee through oversight produced books of account for the accounting year ending on Diwali 1980 which were relevant for the asst. yr. 1980-81 and not for the asst. yr. 1980-81 which is the assessm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d. Departmental Representative, on the other hand, supported the order of the AAC. 6. We have carefully considered the facts and circumstance of the case and the submissions on either side. On a perusal of the nothings made by the ITO on the order sheet it is clear that the ITO has estimated the assessee's business income at Rs. 23,770 on the basis of the books of account produced by the assessee....