Law:

Section:

Section 143, read with section 145, of the Income-tax Act, 1961 - Assessment- Additions to income - Assessment year 1991-92 - Assessee-firm filed its return of income declaraing certain loss - Assessing Officer found that assessee was not maintaining proper books of account and noted survey conducted under section 133A at various shops and conflicting statements obtained from employees - Assessing Officer, on basis of original statements of employees given voluntarily, disallowed loss claimed and made certain additions - Commissioner (Appeals) allowed loss incurred by toddy section and also allowed claim of assessee for registration - On appeal, Tribunal after noting facts found by Assessing Officer, considered and compared results of assessment for earlier assessment years and held that loss per shop, as claimed by assessee in earlier year was less than loss claimed in current year and on that basis disallowed loss to extent of Rs. 6 lakhs - Whether Tribunal had disallowed assessee's claim after due consideration of all relevant materials placed before it and, thus, there was no illegality in its order - Held, yes FACTS While completing the assessment of the assessee-firm for the assessment year 1991-92, the Assessing Officer disallowed the loss from toddy business. The Assessing Officer had also referred to the survey conducted under section 133A at various shops on 22-12-1992 and the statements obtained from the employees. In the said statements, the employees had admitted that the assessee-firm had been maintaining printed daily statements. The assessee had cross examined the said employees and obtained conflicting statements. The Assessing Officer had taken the view that the assessee had obtained conflicting statements from his employees by coercion and, therefore, the original statements which had been given voluntarily by the employees could not be ignored. The Assessing Officer scrutinized the matter and found that the appellant was not maintaining proper books of account. He also found that the appellant did not have the permit to run the toddy business. Therefore, he disallowed the entire loss incurred by it in toddy section. On appeal, the…

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