2006 (8) TMI 679

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.... 1. We have heard learned counsel for the appellant. The assessee has preferred this appeal proposing following substantial questions of law:- (i) Whether the learned ITAT has any material on record to observe that any discrepancy has been found in the stock as on the date of survey? (ii) Whether the learned ITAT is justified to uphold the addition of Rs. 80,000 observing that it is being ma....

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....995, the assessee surrendered a sum of Rs. 10 lakhs on account of excess cash, which amount was included in profit and loss account of the firm at the time of filing of the return. In the pre-survey period, the GP rate was 18% of the sales but in the post-survey period, the same was shown as 17.73%. On the basis of comparative study, GP rate of 18.5% was applied. Before the Tribunal, taking int....

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....to in this court, in view of specific finding recorded in the order of the Tribunal, which the assessee never disputed before the Tribunal. 3. Following observations of Hon'ble the Supreme Court of India in Shankar K. Mandal v. State of Bihar, [2003] 9 SCC 519 throw light on this legal issue:- 10. It is not open for the appellants to take such stand before this Court, as they are bound b....