9911796707
TMI Blog2015 (1) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... hmedabad Bench in ITA Nos.1749/Ahd/1995, 1750/Ahd/1995, 2698/Ahd/1995 & 2699/Ahd/1995 whereby, the appeals being ITA Nos.1749 & 1750 of 1995 filed by the assessee were dismissed and ITA Nos.2698 & 2699 of 1995 filed by the Revenue were partly allowed. 3. Briefly stated, the facts are that on 10.08.1990 the assessee filed his return of income showing loss of Rs. 55,864/-. The same was processed u/s.143(1)(a) of the Act and thereafter, Notice u/s.143(2) was issued to the assessee. Final show-cause Notice dated 04.03.1993 was issued to the assessee. However, he did not file any reply until the date fixed for final hearing. Thereafter, a communication was sent to the assessee informing him that the case would be decided on merits. On 24.03.199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p; 1. Whether in the facts and circumstances of the case, and in light of the provisions of Section 145 of the Income Tax Act, 1961, the finding reached by the Income Tax Appellate Tribunal in sustaining addition of Rs. 5 lacs as suppressed income of the appellant is perverse, contrary to the evidence on record, ex facie illegal and such as no reasonable person could have reached? 2. Whether in the facts and circumstances of the case, the finding reached by the Income Tax Appellate Tribunal, that the provisions of Section 145(2) of the Income Tax Act, 1961, are attracted, is legally justified? 2. Tax Appeals No.22 and 24 of 2002 are admitted on the following substantial questions of law : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant deserves to be accepted. Merely because the bills issued by Payal Medical Stores mentions the name of the appellant as prescribing Doctor or mentions the Room Number, it cannot be conclusively held that the appellant must have operated upon the said patient. There are various possibilities of human error name of the patient might not have been correctly written, name of the Doctor might not have been correctly written, etc. Under the circumstances, in my opinion, such a huge addition based on speculation and impermissible inferences is not justified." 8. Having gone through the orders passed by the authorities below, we are of the view that the order passed by the Appellate Tribunal rejecting the appeals of the assessee cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore us. This is therefore clearly a case where provisions of Section 145(2) have been rightly invoked and estimate of professional income has been made by the A.O by invoking the provisions of sec.145(2)....." 10. In our opinion, the Appellate Tribunal ought to have relied upon the findings of fact recorded by the CIT(A), which are based on specific evidence brought on record. As regards Payal Medical Stores is concerned, the assessee could not have been assessed u/s.145(2). Thus, the impugned judgment of the Appellate Tribunal allowing the appeals filed by the Revenue deserves to be quashed and set aside and the appeals filed by the assessee deserves to be allowed. 11. For the foregoing reasons, the appeals are partly allowed. The impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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