2013 (12) TMI 729

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..... /R. K. Upadhayya For the Respondent : Ashish Bansal,S. K. Garg ORDER All the three appeals have been filed by the Department under Section 260A of the Income Tax Act, 1961 against the consolidated judgment and order dated 14.07.2010, passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. Nos. 563(Alld)/2000 & 151-152/Luc/2003, for the assessment years 1995-96; 1996-97; and 1997-98 res .....

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..... ing counsel for the Department, who has justified the order passed by the AO. He submits that the addition made on the basis of the DVO report is valid and justifiable as per the ratio laid down in the following cases :- (i) Sunder Carpet Industries vs. ITO, 324 ITR 417 (Alld); and (ii) Unit Construction Co. Ltd. vs. JCIT, 260 ITR 189. It is also a submission of the learned counsel that the rat .....

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..... ITR 1991 (P & H); (v) Shiv Lal Tak vs. CIT; 251 ITR 373 (Raj.); and (vi) CIT vs. Raj Bhan Singh; 276 ITR 351 (All). Further, in the instant case, the Tribunal has observed in its impugned order that the AO has not pointed out any material defective/discrepancies in the books of account maintained by the assessee. In the instant case, the books of account were not rejected before referring the m .....

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