2008 (1) TMI 552

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.... against the order of the learned Income-tax Appellate Tribunal dated September 19, 2003, annexure 3, passed in Appeal No. 365 of 1998, relating to the assessment year 1994-95. 2. The appeal was admitted on December 9, 2004, by framing the following substantial question of law: "Whether, on the facts and circumstances, when the books of account maintained by the assessee were rejected under ....

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....ted certain additions, under the heads of outdoor patients, minor operations, delivery cases, major operations, and bed charges etc., by finding such additions, being not justified, as no material in support of this finding was brought on record. Likewise, it was found, that no attempt was made by the assessee to suppress the professional receipts, by not maintaining indoor patient registers. For ....

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....oner, so also the learned Tribunal have gone wrong in expecting the existence of positive material with the Assessing Officer, while making assessment under section 145. Learned counsel for the assessee has relied upon the judgment of this court in CIT v. Golan Lime Khanij Udhyog reported in [2002] 256 ITR 243, wherein it has been held that section 145 only provides the basis, on which computation....

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....ssessee had employed a method of accounting regular and addition of Rs.3,34,960 was made, by increasing gross profit rate. The Commissioner in appeal, while substantially accepting the explanation of assessee for reduction in the gross profit rate, was of the view, that the addition was on the higher side, and sustained an addition of Rs.34,000 only, to cover up the possible leakage in the books o....