1997 (4) TMI 50

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....NIVASAN C. J.---The question referred to this court by the Tribunal reads as follows : "Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in upholding the addition of Rs. 1,12,275 on the basis of a 'kacha bill' made by the accountant and admitted to be so by the partner of the firm?" The assessment year is 1971-72. The assessee is a forest contractor. ....

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.... before the Tribunal, the latter reversed the findings of the Commissioner of Income-tax and restored the findings of the Income-tax Officer. The Tribunal referred to the questions put to the partner, Hira Singh, by the Income-tax Officer and the answers given by him, which read as follows : "I show you this bill in the name of Misri Lal Jagan Nath, Timber Merchants, Dehradun, dated January 11,....

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....ee accepted the genuineness and truth of the bill and only added that it was a kacha bill and it would not find a place in the regular account. The Commissioner of Income-tax was clearly in error in thinking that it was not a bill from the bill book and, therefore, it could not have been added by the Income-tax Officer. The question is only one of fact. We do not find any question of law arisin....