2015 (2) TMI 210

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onourable Mr. Justice Jayant Patel) 1. The Revenue has preferred the present appeal on the following substantial questions of law formulated by the appellant at paragraph 2 (A) and (B), which read as under:- "2(A) Whether the Appellate Tribunal has substantially erred in holding that the disclosure made by the assessee was not over and above the income declared in its books of accounts despi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion to the income tax declared in the Income Tax Return and assessed the amount of tax. The matter was carried in appeal and CIT(A) confirmed the order of A.O. The Tribunal observed at paragraph 8 as under:- "8. We have heard the rival submissions and perused the material on record. It is an undisputed fact that during the course of survey, Assessee admitted to the income of Rs. 35 lacs but in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ome. Thus this ground of the Assessee is partly allowed." 4. Resultantly, the Tribunal partly allowed the appeal. Under these circumstances, the Revenue has preferred the present appeal. 5. As such, the aforesaid finding of Tribunal shows that as per the Tribunal the Revenue has not brought any material on record to demonstrate that the additional of Rs. 35,00,000/- made by the A.O., is taxe....