2004 (7) TMI 16

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....he question raised by learned counsel for the appellant is that the finding is perverse inasmuch as the Tribunal has confirmed the finding recorded by the Commissioner of Income-tax (Appeals) without any material on record. At the request of learned counsel for the parties, we have taken up the matter for final disposal. The Assessing Officer, for the assessment year 1990-91, made the assess....

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....r, the Assessing Officer, without any material, made the assessment order disbelieving the figures and has added on estimation a sum of Rs. 7,00,000. The assessee pointed out that as per the bill of the caterer, 600 persons have taken snacks at the reception at Modi Nagar. When the caterer's bill itself had been produced to show that 600 guests were served, it was highly improper to say that mo....

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....tem to the tune of Rs. 31,590, was just and proper. The Assessing Officer again observed as under: "Expenses are also incurred on the guests who must have come from all over the country and stayed during the marriage function." Rs. 2,50,000 as sundry expenses have been shown without any evidence whatsoever in this regard. When the assessee produced before the Assessing Officer, the details o....

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....d system and ghazal performance yet, the Assessing Officer without any further enquiry on his whims and fancies, disbelieved the assessee. We find that the Assessing Officer has assumed that at least 5,000 persons must have attended the function. We find at several places the Assessing Officer has used the expression- "must have been" or "must be"- this clearly displays that the assessment was bas....