2002 (2) TMI 61

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.... under section 260A of the Income-tax Act, 1961, is preferred by the assessee against the order of the Income-tax Appellate Tribunal, Jodhpur Bench, dated March 3, 2000, with respect to the assessment year 1993-94. The appellant-assessee is running a shop in the name of Kishan Mishthan Bhandar engaged in manufacture and sale of sweets and namkeen. A survey was undertaken under section 133A of t....

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....) of the Income-tax Act after giving specific opportunity to the appellant. The appellant was confronted with the entire material before the assessing authority. The Assessing Officer on the basis of the record and the statements of the various karigars and salesmen made the addition to the trading results declared by the assessee. The assessing authority completed the assessment under section 143....

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....ind the back of the appellant, who was never given an opportunity to cross-examine them. According to learned counsel such evidence could not have been relied upon. We are not impressed with the contention of learned counsel. Under the newly added provisions of section 260A of the Income-tax Act, a second appeal is maintainable under the Income-tax Act only on a substantial question of law. It is ....

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....udes location of the shop, past history, various defects in the books of account and the statements of the persons available on the spot during the survey. Thus, it cannot be said that the estimation is solely on the basis of the statements of the witnesses recorded on the spot. The conclusion arrived at by the assessing authority and modified by the Appellate Commissioner is based on the material....