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Section 69 of the Income-tax Act, 1961 - Unexplained investments - Assessment year 2005-06 - Pursuant to a survey conducted at premises of assessee certain incriminating documents were found including a 'slip pad' containing payment of wages to various persons - Assessee explained that said slips did not represent payment of wages during year-in-question but were for earlier year - However, Assessing Officer did not accept said explanation and estimated sales on basis of abovesaid loose slips and, accordingly, made addition - On further appeal, Tribunal held that Assessing Officer was not justified in estimating sales on basis of loose slips without substantiating that assessee had actually made sales to that extent of estimation - It held that Assessing Officer had no iota of evidence in form of sale bills or bank account or movable and immovable property which could represent earning of unaccounted income by assessee - It therefore deleted addition made on basis of estimation of sales - Whether Tribunal was justified in deleting addition - Held, yes CASE REFERRED TO Kachwala Gems v. Jt. CIT [2007] 288 ITR 10 / 158 Taxman 71 (SC) [Para 5]. Vivek Sethi for the Appellant. ORDER Adarsh Kumar Goel, J. - The revenue has preferred this appeal under section 260A of the Income-tax Act, 1961 ('the Act') against the order of Income-tax Appellate Tribunal, Amritsar Bench, Amritsar dated 30-12-2008 passed in ITA No. 442 (Asr.) of 2008 and ITA No. 453 (Asr.) of 2008 for the assessment year 2005-06, proposing to raise following substantial questions of law :- "(i)Whether on the facts and in the circumstances of the case the ITAT was right in law in setting aside the appeal of the assessee to the file of the Assessing Officer for limited purpose for considering the wages recorded in the loose slips and not to make addition on the basis of estimation of sales. (ii )Whether on the facts and in the circumstances of the case, the ITAT was right in law in directing to limit the addition under section 69 of the Act only to the extent wages payment which is not reconciled with the books of account maintained by the assessee when the statements of two persons confirm that the…

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