2019 (8) TMI 7

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....n Second Appeal Nos. 617 of 2018 for A.Y. 2012-13 and 618 of 2018 for A.Y. 2013-14. By that order, the Tribunal has confirmed the order passed by the assessing authority and the first appeal authority and thereby affirmed the best judgment assessment made against the assessee whereby additions have been sustained with respect to the business conducted in the name of M/S Al- Fateh Tailors & Traders. 3. Both revisions were admitted on the following question of law: "Whether the book/diary during the survey admittedly belonging to the third party could be made basis for making an assessment upon the applicant, when the applicant was not in existence in the assessment in dispute?" 4. Learned counsel for the assessee submits that ....

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....rence of other purpose. 7. In such facts, it has been submitted that the assessing officer did not record any finding that the assessee was the proprietor of the discontinued business Al-Fateh Tailors & Traders and there is no other finding to hold that it was the assessee who had conducted that business. 8. As to the findings recorded by the Tribunal, it has been submitted that again those findings are not to the effect that the assessee was the sole proprietor of the business M/S Al-Fateh Tailors & Traders. Even if the findings of the Tribunal were to be accepted, the Tribunal has only found that the assessee alongwith his father had conducted that business, while the assessee is the sole proprietor of the business M/S Yusuf Readyma....