TMI Blog2005 (8) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... o to section 145 of the Act and whether the finding of the learned Tribunal is perverse ? 3. The facts of the present case are that the assessee-respondent is a liquor contractor for wholesale and retail sale for both country liquor and Indian made foreign liquor. The assessee has submitted his return for assessment year 1993-94 showing his total income as 18,27,180 as per P L a/c which was reduced (increased) to ₹ 22,73,630 while issuing intimation under section 143(1)(a) after making certain adjustment. 4. During the course of regular assessment, the assessing officer found that while purchases of country liquor as well as Indian made foreign liquor are duly vouched, the verifiable retail sales remain totally unvouched, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, gave relief to assessee by reducing the income assessed by the assessing officer from both businesses by lump sum amount in each case. 6. On further appeal, the Tribunal deleted entire additions made by the assessing officer, though he sustained the order rejecting the books of account. It was the obligation of the assessing officer to have brought on record cogent and relevant material to justify the application of GP rate and NP rate applied by him. In absence of any material having been produced by the assessing officer, the results declared by the assessee which are better than the previous year ought to have been accepted. 7. The facts of the present case are almost similar to the facts in the case of CIT v. Sunil Talwar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejected books of account to a definiteness. The Tribunal has failed to consider the undisputed and unquestionable fact on which the assessing officer has proceeded to make the assessment, even the fact was not disputed by the assessee that cost price was verifiable for carrying the guesswork. Therefore, in our opinion, the decision of the Tribunal in deleting the additions made by the assessing officer as reduced by the CIT cannot be sustained in law. 8. The principle fully governs the facts of the present case also. The court after considering that no criteria emerges from the order of the assessing officer in adopting different basis for best judgment assessment in the case of country liquor and Indian made foreign liquor and not gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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