2010 (9) TMI 52

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.... Dhugga, Advocate for the petitioner. ADARSH KUMAR GOEL, J. 1. The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as "the Tribunal") has referred for opinion of this Court following question of law under Section 256(1) of the Income Tax Act, 1961 (in short "the Act") arising out of its order dated 24.9.1998 in ITA No. 1883/Chandi/91 in respect of assessm....

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....ation or incorrect claim which may be apparent from the income mentioned in the return. The Tribunal held as under:- "After considering the rival submissions we held that there is substantial merit in the arguments advanced by the ld. counsel on behalf of the appellant. Their Lordships of the Hon'ble Bombay High Court have discussed each and every aspect of the matter at length viz-a-viz provis....

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.... that the ITO can not go beyond the return and the documents annexed to it. In our opinion the decision of the Hon'ble Bombay High Court squarely applies and respectfully following the same, we delete the addition of Rs.1,86,444/-." 3. We have heard learned counsel for the revenue. 4. Learned counsel for the revenue submits that the claim of the assessee was patently incorrect and, therefore....