2013 (9) TMI 747

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rwal JUDGEMENT (Delivered by Hon'ble Dr. Satish Chandra) Both the appeals have been filed by the department under section 260-A of the Income Tax Act, 1961 against the consolidated order dated 25.05.2012 passed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow in ITA No.538/Lkw/2011; ITA 500/Lkw/2011; and ITA 484/Lkw/ 2011 for the assessment year 2005-06 and 2006-07. As the facts and ci .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hown the "nil" income but the A.O. has completed assessment on the positive income of Rs.19,49,07,850/-; and Rs.5,16,04,798/- respectively. Being aggrieved, the assessee has filed appeals before the first appellate authority who allowed the relief to the assessee on various grounds. Not being satisfied, the department has filed the second appeal before the Tribunal, who vide its impugned order has .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... epartment has filed both the appeals against the additions, which were deleted/restricted by the Tribunal pertaining to N.P. Rate, which were made on estimate basis. Needless to mention that estimation is a question of fact as per the ratio laid down in the case of Commissioner of Customs (Import) vs. Stoneman Marble Industries and Ors., (2011) 2 SCC 758. When it is so, then no substantial questi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X