2009 (7) TMI 63

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....hi, Advocate, for the respondent. JUDGMENT ADARSH KUMAR GOEL, J. - The Revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961 ( for short, "the Act") against the order dated 23.11.2007 passed by the Income Tax Appellate Tribunal, Delhi Bench "I" New Delhi in ITA No. 1310/DEL/2005 for the assessment year 2000-2001, proposing to raise the following substantial questio....

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.... that the same were not related to the contract business of the assessee?" 2. Notice was issued to consider the question referred to in the order dated 17.2.2009, which is as follows: " Learned counsel for the appellant has invited the attention of this Court to Section 44AD of the Income Tax Act, 1961, and inter alia, contended, firstly, that the respondent-assessee did not produce his book....

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....r of the Assessing Officer that sales had not been recorded or properly declared.  The Commissioner also relied upon the appellate order of the previous assessment in which it was held that no case was made out by the Assessing Officer for making addition. The Tribunal affirmed the finding of the CIT (A). 4. We have heard learned counsel for the parties. 5. No doubt, the assesses failed....

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....allenged by the revenue before us as the ground of appeal as taken in the memo of appeal does not expressly bring it out. Be that as it may de hors the aforesaid , we have examined the matter and find that the CIT(A) has admitted the fresh evidence led by the assesses for justifiable reasons.  Now, the aspect to be considered is as to whether the AO was provided with an adequate opportunity t....