2004 (11) TMI 50

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....) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), against the order dated August 23, 2002, passed by the Income-tax Appellate Tribunal, Delhi Bench (hereinafter referred to as "the Tribunal"), in I.T.A. No. 6331/ Delhi of 1996 for the assessment year 1993-94. The questions framed by the court are as under: "1. Whether there was any material before the Tribunal to reverse the ....

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.... in the assessee's accounts as a result of the search in which production records were seized. In our opinion, the assessee has not been able to answer satisfactorily to any of the queries raised by the Assessing Officer. We are, therefore, in agreement with the Assessing Officer that this is a fit case for rejection of account books and the provisions of section 145(2) are clearly applicable to t....

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....n of the Tribunal is considered to be final on the facts. In order to ensure that there may not be prejudice to either side, we are not discussing the merits of the case as there is consensus that the matter be remanded to the Tribunal for a fresh hearing. It is in view of this that we are allowing this appeal with the direction to the Tribunal to hear the matter afresh in accordance with law. Th....