1990 (1) TMI 3

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....owing question of law to this court under section 256(1) of the Incometax Act, 1961 ( " the Act " ) : "Whether , on the facts and in the circumstances of the case, the Tribunal is justified in upholding the deletion of the other source, addition of Rs. 1,01,649, constituting the unexplained cost of material and manufacturing cost of goods supplied by the assessee to the Defence Department ? " ....

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....assessee against supplies made to Naval Armament Department. The Income-tax Officer treated the entire sum received from the Controller of Defence Accounts ( Navy ) being the amount of investment in the goods as " income from other sources ". The assessee went up in appeal before the Commissioner (Appeals) and the Commissioner (Appeals ) held as follows "I have considered the arguments of both ....

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....he proviso to section 145(1) and estimate the difference of net profit which was sought to be added and which was actually added, the Income-tax Officer did not have any further jurisdiction to add an additional sum by way of concealed income in the shape of monies invested in raw materials. In the circumstances, I am of the opinion that the addition of Rs. 1,01,649 was not warranted. This additio....

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....section 69 has application in the case of unexplained investment made by the assessee which are not recorded in the books of account. The assessee supplied the goods after incurring certain cost and after manufacturing the goods and the amount that was received from the Defence Department could not represent the net income but it was the sum received including the profit and expenditure. In this r....