TMI Blog2011 (7) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... judgement assessment of the Assessing Officer cannot be said to be vitiated by any error of law - Appeal is dismissed - I.T.A. No.284 of 2004 - - - Dated:- 13-7-2011 - Mr. Justice Bhaskar Bhattacharya, Mr. Justice Sambuddha Chakrabarti, JJ. For the Appellant: Ms. Rajshree Kajaria. For the Respondent: Mr. Dipak Shome, Md. Nizamuddin. Bhaskar Bhattacharya, J.: This appeal under Section 260A of the Income-tax ( Act ), 1961 is at the instance of an assessee, represented by two of its erstwhile partners, and is directed against an order dated December 17, 2003 passed by the Income-tax Appellate Tribunal, A Bench, Kolkata in Income-tax (SS) Appeal No.34 (Kol) of 1998 for the Block Period 1987-88 to 1996-97 up to 2nd J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch of papers, it was found that the assessee firm had earned actual profit of Rs.14.19 lac during the accounting period relating to the Assessment Year 1990-91 whereas in the books Rs.8.87 lac was declared. f) In the deposition under Section 132(4) on 29th August, 1996 Sri Bijay Kumar Gutgutia, a partner of the erstwhile firm, had confirmed the actual income of the firm vis- -vis the disclosed income. g) Sri H.C. Poddar, husband of Smt. Gayatri Poddar another partner, also confirmed in his deposition under Section 132(4) on 26th August, 1996 the undisclosed income of the firm for the Assessment Year 1990-91 on the basis of the information noted in the seized papers. h) It may not out of place to mention here t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stions of law: (i) Whether the assessing officer is under an obligation under the Act of 1961 to furnish necessary document relied upon by him in an assessment proceeding and intimate the date of personal hearing to enable the assessee to represent his case and meet the allegations made against him by cross examining the persons whose statement have been relied upon before the passing of an assessment order? (ii) Whether on the facts and in the circumstances of the instant case the Assessing Officer had reasons to treat the entries contained in the books of account bearing identification mark BKG/5 as the undisclosed income of SKAH and further as to whether the assessment order as well as the order of the Tribunal is bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agree with Mr. Shome, the learned Senior Advocate appearing on behalf of the Revenue, that the plea now sought to be urged before this Court that the Assessing Officer should have furnished necessary documents and intimate the date of personal hearing is not tenable in view of the fact that no such plea was taken either before the Assessing Officer or the Tribunal. We have already pointed out that in spite of service of notice, nobody even submitted return or had shown cause as required. Such being the position, the two grounds formulated by the Division Bench cannot be supported. 9. We, thus, find that on the basis of best judgment assessment made by the Assessing Officer, there is no scope of interference in this appeal under Section 26 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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