TMI Blog2014 (5) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that only one consolidated cash memo was issued at the end of the day – Relying upon Ramji Lal and Sons Vs. Commissioner Sales Tax [1978 (5) TMI 116 - ALLAHABAD HIGH COURT] - the order of the AO rejecting the books of account u/s 145(3) of the Act and consequently, making an addition of the income on estimate basis was reversed by the Tribunal - addition made on estimate basis is a questio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee filed his return under Section 139 of the Act disclosing the total income of Rs. 14,99,890.00 and claiming refund thereon. The case was processed under Section 143(1) of the Act resulting in refund of Rs. 6,83671.00, which was issued to the assessee. Subsequently, the case of the assessee was selected for the scrutiny and a notice under Section 143(2) of the Act was issued to the assessee. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f each shop was not verifiable. The assessee being aggrieved by the assessment order filed an appeal, which was allowed by the Tribunal and the books of account was accepted and the gross profit indicated by the assessee was affirmed. The Income Tax Department being aggrieved by the appellate order has filed the present appeal. We have heard Sri Shambhu Chopra, the learned counsel for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the books of account were produced and the movement of goods were verifiable from the stock registers maintained under Excise Act and consequently, the sales which were recorded in the stock registers was easily verifiable. Having heard the learned counsel for the parties, we are of the view that it is not necessary that a cash memo is required to be issued for each and every sale and con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the books were otherwise verifiable. In the light of the aforesaid, the order of the Assessing Officer rejecting the books of account under Section 145(3) of the Act and consequently, making an addition of the income on estimate basis was reversed by the Tribunal. Further, such addition made on estimate basis is a question of fact as has been held in Commissioner (Custom Vs. Stoneman Marble, ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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