TMI Blog2016 (12) TMI 1847X X X X Extracts X X X X X X X X Extracts X X X X ..... - ITA No. 787/Hyd/2016 - - - Dated:- 21-12-2016 - Smt. P. Madhavi Devi, Judicial Member And Shri S. Rifaur Rahman, Accountant Member For the Assessee : Shri P. Murali Mohan Rao. For the Revenue : Smt. U. Minichandran. ORDER Per S. Rifaur Rahman, A.M.: This appeal filed by the Assessee is directed against the order of CIT(A)-9, Hyderabad, dated 22nd March, 2016 for AY 2002-03. 2. Briefly the facts of the case are that the assessee is engaged in the business of trading scrap and filed his original return of income for the AY 2002-03 on 09/10/2002 admitting taxable income of ₹ 81,160/-. Search and seizure operations u/s 132 of the Income-tax Act were conducted in the residential premises of the assessee o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of the AO by observing that the assessee could not produce sufficient evidence with regard to the purchases and sales made by him, therefore, the AO is justified in rejecting the books and estimating the income. Further, he observed that the assessee s contention that this addition is not based on any incriminating material has not been raised in grounds of appeal and hence this aspect is not adjudicated upon. 6. Before us, the ld. AR of the assessee submitted that the issue in dispute is squarely covered by the decision of the coordinate bench of this Tribunal in assessee s own case for AY 2007-08 in ITA No. 1391/H/10, order dated 17/06/2015, a copy of which is available on record. 7. The ld. DR on the other hand relied on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on u/s 80U of ₹ 40,000/-. When the AO questioned about the genuineness of the certificate dated 28/09/1999, the assessee agreed to withdraw the claim made u/s 80U of the Act and accordingly filed a letter with regard to this addition. 10. Before the CIT(A), the assessee contended that this addition is not based on any incriminating/seized material and hence it is liable to be deleted. Rejecting the contention of the assessee, the CIT(A) observed that the assessee himself filed a letter during the course of assessment proceedings withdrawing the claim. Further, he observed that the assessee s contention that this addition is not based on any incriminating material has not been raised in grounds of appeal and hence this aspect is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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