2013 (10) TMI 82

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....DER (Delivered by Hon. Dr. Satish Chandra, J) The present appeal has been filed by the appellant-Department under Section 260A of the Income-Tax Act, 1961, against the judgment and order dated 23.09.2009, passed by the Income Tax Appellate Tribunal, Lucknow, in I.T.A. No.365/Luc/2009, for the assessment year 2001-2002. On 09.03.2010, a Coordinate Bench of this Court has admitted the appea....

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....owing lesser investment. So, he referred the matter under Section 142 A of the Act to the DVO. After receiving report from the DVO, he made an addition of Rs. 59,40,051/- for the difference by treating the same as income from the undisclosed source, but the CIT(A) has deleted the said addition and the Tribunal has confirmed the same. Being aggrieved, the Department has filed the present appeal. ....

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....fter hearing both the parties and on perusal of the record, it appears that in the instant case, the A.O. has not rejected the books of account and made the addition on the basis of the report of the DVO. In the instant case, the CIT (A) has observed in its order that the A.O. has not specifically rejected the books of account and never pointed out any defects. The assessee submitted the books of ....

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....al is a final fact finding authority as per the ratio laid down in the case of Kamla Ganpati vs. Cntroller of Estate Duty, 253 ITR 692 SC; and M. Janardhan Rao vs. Joint CIT (2005) 273 ITR 50 SC. It may also be mentioned that the Hon'ble Apex Court in the case of Sargam Cinema Vs. Commissioner of Income-Tax (2010) 328 ITR 513 (SC) observed that the Assessing Authority could not refer the ma....