TMI Blog2014 (10) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant has challenged the judgment and order dated 29.01.2004 passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot whereby the Tribunal has dismissed the Appeal. 2. While admitting the matter on 21.12.2004, this Court had framed the following issue :- "Whether, on the facts and in the circumstances of the case, the Tribunal has substantially erred in disregarding the fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer did not accept the figure of undisclosed income as stated in the computation of income furnished by the appellant for the block assessment period and additions/disallowances were made alongwith charging of interest u/s.158BFA(1) of the Income Tax Act, 1961. One of the disallowance was pertaining to the claim of deduction of Rs. 40,34,898/- on account of gold seized by the Custom Authorities. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d during the course of business even if the same is illegal is required to be compensated and for the loss suffered by the appellant, the Court is required to answer this Tax Appeal in favour of the assessee.
5. Having heard learned Advocates appearing for the parties, this Appeal is answered in favour of the assessee and against the revenue.
6. The Appeal is allowed to the aforesaid extent. X X X X Extracts X X X X X X X X Extracts X X X X
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