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2013 (2) TMI 295 - HC - Income TaxDisallowance of expenditure incurred on coal and fuel - undisclosed income for the block period as provided u/s 158BB(1) - Held that:- Assessment can be framed on the basis of material received during the course of search and seizure. Since the spiral pads, the basis of assessment in the year 2003-04 and 2004-05, were recovered during the search carried out on the residential and business premises of the appellants, the disallowance on account of excessive coal is based upon the material recovered during the search operations. In fact, CIT (Appeals) has given benefit to the assessee in respect of adding made in other years only for the reason that material taken in possession pertains to the year 2003-04 and 2004-05. No question of law arises on the basis of such finding of disallowance recorded by the CIT(A) and affirmed by the Tribunal. Disallowance of consumables - Held that:- Tribunal has set aside the findings recorded by the CIT(A) on the basis of statement of Shri Raghuvir Singh Dhiman, Factory Manager, recorded on 28.09.2004 and also the payment of cheques shown in the account of other coal traders though the payment was made to M/s S.P. Industrial Corporation. It was found that material available on record suggests the invariability of the expenses claimed by the assessee under the impugned heads. Such finding is a finding of fact on the basis of the documents recovered during the process of search. No substantial question of law arises for consideration in the present appeals.
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