2012 (9) TMI 656

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.... 1. We have heard Shri R.K. Upadhyay, learned counsel appearing for the Income Tax Department. Shri Ashish Bansal appears for the respondent-assessee.   2. Brief facts, giving rise to this Income Tax Appeal, are as follows:- "A search was conducted at the residence and at the clinic of the assessee. In the post search assessment addition of Rs. 14, 30, 125/- was made as undisclosed inc....

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....ontention of the assessee and confirmed the addition of Rs. 14, 30, 125/- made by the A.O. On further appeal, Hon'ble ITAT allowed the appeal of the assessee. Hon'ble ITAT observed that once the assessee tells the authorized officer that his books of account are lying with his C.A., then the authorized officer is duty bound to enforce the recovery of the books from the CA or get his commitment ....

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....ters. The Tribunal did not hold the addition of Rs. 14, 13, 125/- as confirmed by the CIT (A) to be justified on the ground that the receipts declared by the assessee in the regular books of accounts are more than the figures of addition. 5. This Income Tax Appeal has been preferred by the revenue against the order of the ITAT on the following questions of law:- "1. Whether the Hon'ble ITAT ....

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....the hospital was found, the Assessing Officer confronted the assessee. The assessee replied that the books of accounts were taken by the Chartered Accountant for preparing and filing return. The Assessing Officer found that though the search was conducted on 14.9.2002, the computerized books of accounts were filed on 25.3.2005. The delay in filing the books of accounts was taken to be an adverse c....