TMI Blog2011 (7) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... as for only 12 days, which was wrongly estimated on higher side - Tribunal rejected the claim of the assessee pertaining to the use of 70,000 bricks despite the certificate was issued by the village Pradhan. Held that: - at the time of survey, no proper books of accounts were found and the same were neither produced at any stage before the authorities below nor before the Tribunal. So, the A.O. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.1996 and 20.03.1996, where proper books of accounts were not found. No stock register, pertaining to the finished bricks, was found. It was claimed that 7000 bricks were donated and 70,000/- bricks were used for the construction of a room. At the time of survey, the bricklin was not functioning. In these circumstances, the A.O. has estimated the period of burning and number of bricks manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e conducted at the business premises and there was nowhere dispute regarding the burning period. So, the estimation of burning period on higher side is not desirable. The Tribunal has wrongly rejected the claim of the assessee pertaining to the use of 70,000 bricks despite the certificate was issued by the village Pradhan. The Tribunal cannot substituted to its own finding merely on the basis of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that estimation is a question of fact as per the ratio laid down in a catena of judgments including : 1.New Plaza Restaurant v. ITO 309 ITR 259 H.P., and 2.Sanjay Oil Cake v. C.I.T. 316 ITR 274 Gujarat In view of well settled legal position, it is clear that no substantial question of law is emerging from the impugned order. Hence, no interference is required in the impugned order whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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