TMI Blog2013 (11) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... anation offered by the assessee. The findings of the fact recorded by the Tribunal do not give rise to a question of law much less a substantial question of law particularly when the Tribunal has decided the matter after appraising contents of the diary – Decided against the Revenue. - ITA No.73 of 1999 - - - Dated:- 29-10-2013 - Rajive Bhalla And Dr. Bharat Bhushan Parsoon,JJ. For the Appellant : Mr. Inderpreet Singh, Advocate For the Respondent : Mr. Alok Mittal, Advocate ORDER Rajive Bhalla, j. (Oral) The revenue is before us challenging order dated 30.11.1998, passed by the Income Tax Appellate Tribunal, Delhi Bench 'B', New Delhi (hereinafter referred to as the 'Tribunal'). The following question of law was fra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the orders passed by the CIT(A) and the Assessing Officer. During survey proceedings, the revenue came across a diary allegedly maintained by the assessee. The Assessing Officer as well as the CIT(A) relied upon entries in the diary to make additions to the income of the assessee. The Tribunal has modified these orders and granted relief to the assessee of Rs.1,96,107/-, by holding as follows: - 22. The question of computing the income based on the entries made in the diary would now arise. We have perused the photo-copies of certain pages of the diary produced before us during the course of hearing. We find that the various entries recorded in the diary relates to the period from 9th May 1987 to 31st March, 1988 in respect of purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs of Sandeep Kumar but there is no evidence led to establish that he had in his possession Rs.15,101/- out of savings. Having regard to all the facts and circumstances discussed, it would be fair and reasonable if an addition to the extent of Rs.26,000/- is made in the case of the assessee firm on account of transactions recorded in the diary comprising both of profit and investment made therein. The assessee firm would, thus, get a relief of Rs.1,96,107/- In the result, assessee's appeal stands partly allowed. A perusal of the aforesaid extract would reveal that the assessee gave a written explanation about entries recorded on each page of the diary. After appraisal of the explanation, dated 25.10.1993, the Tribunal has recorded a f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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