TMI Blog2001 (8) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the income of Rs.31,430. The assessment was completed by the Assessing Officer vide order dated January 30, 1990. The taxable income was fixed at Rs.4,86,550. This addition had been made on the basis of some record relating to the assessment under the Sales Tax Act. The assessee filed an appeal. The Commissioner of Income-tax (Appeals), Faridabad, vide order dated November 9, 1990 found that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the evidence contained in the seized books of account and by relying on entries in journal which remained in the custody of the assessee when the entries in the journal were not reflected in the seized books of account and were also unsupported by any independent evidence like freight, cartage or sale bills? (ii) Whether, on the facts and in the circumstances of the case, the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the assessee against the order of the Assessing Officer before the Joint Excise and Taxation Commissioner was accepted. The order, which was the basis for additions, was set aside. It is on this basis that the Tribunal has found that the additions of Rs.57,595 and Rs.80,757 were not sustainable. We find no infirmity in the view taken by the Tribunal. A finding of fact has been recorded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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