Law:

Section:

Section 143, read with section 260A, of the Income-tax Act, 1961 - Assessment - Additions to income - Assessment year 1991-92 - Assessee was selling bricks manufactured by him - Assessing Officer found that coal purchased from one JS had not been accounted for and made addition to assessee's income on that account - Tribunal deleted addition (a ) on perusal of details of bricks manufactured and sold which details were accepted by sales tax authorities as correct and (b) taking into consideration that no payment was made to JS and there was no demand of payment from his side in lieu of coal allegedly supplied - Tribunal also rejected theory of presumed manufacture of bricks out of coal purchased from JS on perusal of consumption of coal, bricks manufactured and bricks sold - Whether substantial question of law arose from Tribunal's order - Held, no FACTS The assesee was engaged in the business of manufacture of bricks and sale thereof. The assessment was originally made under section 143(3) on total income of Rs. 2,52,472 after making certain addition to returned income. Subsequently, the Assessing Officer initiated proceedings under section 148, read with section 147 on the ground that assessee had not accounted for coal measuring 315.970 m.t valued at Rs. 4,98,342 which he had purchased from JS, proprietor of Modern Coal Company who admitted about the sale of coal to the assessee but stated that no payment had been received by him in the accounting year 1990-91 relevant to assessment year under consideration. Thereafter, the Assessing Officer made reassessment by making further addition of Rs. 1,88,480. That was confirmed by the Commissioner (Appeals). On second appeal, the Tribunal deleted the addition by assigning the following reasons: 1. The assessee had disputed the genuineness of the sales bills issued by Modern Coal Company and no evidence was available before the Assessing Officer for accepting those bills as correct; 2. The assessee had denied that he had any dealing with Modern Coal Company two years prior to the assessment year 1991-92 and in subsequent years; 3. The details of the bricks manufactured and sold during the year 1991-92 were furnished…

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