2007 (4) TMI 175

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....L J.—The assessee has approached this court, by filing the present appeal, raising the following substantial questions of law, arising out of order dated August 31, 2006, passed by the Income-tax Appellate Tribunal, Chandigarh Bench "A", Chandigarh in I. 1. A. No. 757/Chandi/ 2002, for the assessment year 1998-99 "(i) Whether, on the facts and circumstances of the case, the learned Tribunal w....

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.... under section 143(1)(a) of the Income-tax Act, 1961 (for short, "the Act") on July 30, 1999. Thereafter, the case was picked up for scrutiny and remained under consideration. During the financial year in question, survey under section 133A of the Act, was conducted at the business premises of the assessee on March 6, 1998, which continued up to March 9, 1998. During the course of survey, stock to....

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....cer vide order dated December 28, 2000. In appeal against the order of assessment, the assessee succeeded before the Commissioner of Income-tax (Appeals). 3 In further appeal before the Tribunal, the order passed by the Commissioner of Income-tax (Appeals) was reversed and it was held, that the assessee is not entitled to add income of Rs. 13 lakhs surrendered, on account of shortage of stocks ....

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....ar arguments raised by the assessee in I. T. A. No. 302 of 2005 National Legguard Works v. CIT [2007] 288 ITR 18 (P & H) was rejected by this court vide order dated September 22, 2006. It was held therein that the deduction under section 80HHC of the Act is available only on fulfilment of certain conditions specified therein and there can be no presumption that surrender made on account of differe....