TMI Blog2014 (1) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... erjee,Advocates ORDER By Court This Tax Appeal has been preferred by the Revenue against the order of the Income Tax Appellate Tribunal ( hereinafter referred to as ITAT), wherein the ITAT has dismissed the appeal of the Revenue in I.T. (SS)A.No.147/Pat/2005 upholding the order passed by the Commissioner of Income Tax(Appeals). 2. The brief facts are that the assessee is the partnership firm, which deals in gold and silver jewellery and derived income from running a jewellery shop. A search and seizure under Section 132 of the Income Tax Act was conducted on 26.9.2001 and on subsequent dates at the business premises of the assessee. During the course of search, cash, gold, diamond and silver jewellery were found and seized. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue against the partner of the Firm Shri Paresh Mukherjee (in the order wrongly mentioned as Prakash Mukherjee) was dismissed by the Court on the ground that the impugned order is based on pure finding of facts and that there is no substantial question of law involved. It is also submitted that the Revenue has not preferred any further appeal as against the order passed in Tax Appeal No.31 of 2007. 6. Even though the Revenue has challenged the order of the Tribunal, in and by which the Tribunal upheld the order of the CIT(Appeals) in respect of deletion of addition of Rs.17,00,378/on account of suppression of gross profit; addition of Rs.34,99,483/as undisclosed income on account of unsecured loan and deletion of addition of Rs.4,74 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to the Assessing Officer/C.I.T. (Appeals). 8. The learned counsel for the respondentMr. N.K.Pasari has drawn our attention to para8.3 of the order of C.I.T. (Appeals) and submitted that the cash of Rs.1,16,210 /found at the business premises, out of which an addition of Rs.1,00,000/was made by the Assessing Officer, the CIT(Appeals) has clearly recorded statement of assessee that the amount of Rs.1,16,210/was duly reflected in cash book, which was found in Computer hard disk seized by ADIT(Investigation). The learned counsel for the Assessee submitted that on being satisfied that the said cash was reflected in cash book, which was found in Computer hard disk seized by Assessing ADIT(Investigation), which was accepted by the ITAT, no sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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