TMI Blog2008 (8) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... uthiala and Ms. Vandana Kuthiala for the respondent. JUDGMENT The judgment of the court was delivered by SURJTT SINGH J. - This appeal by the assessee is directed against the order dated September 26, 1997, of the Assessing Officer and order dated September 23, 1999, of the Income-tax Appellate Tribunal, whereby on search of the premises of the assessee undisclosed income to the tune of Rs.8,98,550 having been found, tax liability at the rate of 60 per cent. of such income was determined. 2. The relevant facts may be summed up thus. On June 21, 1996, residential premises of the appellant/assessee were searched by the income-tax authorities. Notice was issued on July 3, 1996, under section 158BC of the Income-tax Act, to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that in view of the facts and circumstances of the case, income from the said hotel was to be taken to be Rs.75,000 for the year 1995-96. The present appeal is directed only against the income from the said hotel, which was assessed at Rs.1,00,000 by the Assessing Officer and has been reduced in appeal by the Appellate Tribunal to Rs.75,000. It is alleged that the addition of Rs.75,000 to the undisclosed income of the appellant/assessee is not legally sustainable and is in contravention of the provisions of sections 158BB and 158BC of the Income-tax Act, 1961. 4. The appeal was admitted on the following substantial question of law, vide order dated November 16, 2000: "Whether, in the facts and circumstances of the case, additions su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven if it be assumed that only half of the rooms remained occupied and those too only for half of the total number of days of the year, the amount of tariff comes to around Rs. 1,00,000. Hence, the amount of Rs.75,000, assumed as income from the hotel by the Tribunal, cannot be said to be on the higher side. 8. It was not pointed out during the course of hearing how the addition made by the Assessing Officer and the Income-tax Appellate Tribunal on account of income from the said hotel to the income from other sources of the assessee is contrary to the provisions of sections 158BB and 158BC of the Income-tax Act or otherwise illegal. 9. In view of the above discussion, we answer the question against the appellant and consequently di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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