2011 (5) TMI 838

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....he said copies are taken on record and the file of the appeal is treated as having been reconstructed. 2. This appeal under Section 260A of the Income-Tax Act, 1961 (for short "the Act") has been filed by the Revenue against the order dated 25.1.2008, passed by the Income Tax Appellate Tribunal Delhi Bench 'E' New Delhi (in short "the Tribunal") in ITA No. 4054/DEL of 2000, relating to the assessment year 1996-97. 3. The appeal was admitted for determination of the following substantial question of law: "Whether, on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in confirming the order of the Ld. CIT(A) who deleted the addition of Rs. 17,74,625/- made by the Assessing Officer on account of suppres....

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....rial defect in the books of account produced before him. His estimate of receipts of the cable connections for all the Sectors i.e. 14, 16 and 17 was purely on a guess and suspicion and he had not given any instance for any omission in the receipts either with reference to the receipts books or with reference to the books of account. 5. Aggrieved by the order of the CIT(A), the Revenue preferred appeal before the Tribunal but the same was dismissed vide the order under appeal. 6. We have heard learned counsel for the appellant and have perused the record. 7. The issue in this case is, whether the CIT(A) and the Tribunal were right in deleting the addition of Rs. 17,74,625/- made by the assessing officer as receipts which were suppr....

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....The Tribunal while affirming the said finding has held in para 6 of its order as under: "We have considered rival submissions. When the assessee had not produced any cable connection register, there is no basis available to the AO to estimate the number of connections issued by assessee. However, the receipts issued in respect of each connection were produced. The same were rejected merely because the name of subscriber is not mentioned or the full signature of the employee has not been mentioned. However, the facts remains that in this line of business, names are not mentioned in the receipts but as a proof of identity, the house numbers and sector is mentioned. The receipts are generally initialled only and neither the issuer of receip....