2001 (10) TMI 45

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is is an appeal under section 260A of the Income-tax Act, 1961 (in short "the Act"). The following question has been proposed for adjudication: "Whether, on the facts and circumstances of the case and in the face of regular audited books in which no defect is found the learned Income-tax Appellate Tribunal is correct in making estimate of income from hiring of truck business and in not follo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed regular books of account. After proper consideration they found the fact situation to be similar and therefore have upheld the estimate. At this juncture, it is to be noted that the assessment, as was originally made, was set aside by the Tribunal for fresh adjudication and the assessment which is under consideration was made by the Assessing Officer pursuant to the order of the Tribunal. So....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ame addition again on this point of issue which was made at the time of the original assessment." The Commissioner of Income-tax (Appeals) dealt with the assessee's plea that the fact situation was different from that of 1984-85. After having considered the submission, it was noted as follows: "I have examined the contentions of the assessee's authorised representative. The expenses incurred....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Officer." Finally, the Tribunal noted the assessee's stand and came to the following findings: "Since the facts and circumstances and the system of maintaining the accounts and the evidence available in the form trip sheets for both these years are same as were in the assessment year 1984-85 and the assessee having not challenged the order of the Tribunal, I am unable to deviate from the fin....