Law:

Section:

Section 143 of the Income-tax Act, 1961 - Assessment - Additions to income - Assessment year 1994-95 - Assessee was engaged in mining activities of marble - A search was conducted at his premises wherein some incriminating documents were found indicating that weight of marble blocks as shown by assessee in bills of sale was much less than that found by mining department for which royalty had been charged - Assessing Officer, in view of aforesaid difference of weight added certain amount in income of assessee - On appeal, Commissioner (Appeals) confirmed addition made by Assessing Officer - Tribunal, however, holding that as there was a difference in quality of marble blocks no addition could be made on basis of weight only, deleted additions - It was found that there was no material on record to show that marble blocks which were sold were of different quality - On other hand, finding of Assessing Officer to effect that weight shown in bills of sale was less than actual weight found by mining department was not in dispute - Whether in view of facts, finding recorded by Tribunal was perverse and was not justified in deleting addition made by authorities below - Held, yes Section 37(1) of the Income-tax Act, 1961 - Business expenditure - Allowability of - Assessment year 1994-95 - Assessee claimed expenses on account of wages and salaries, diesel, repairs, etc. - He, however, failed to produce vouchers in support of said expenses - Assessing Officer estimated disallowance on account of non-production of vouchers to extent of 25 per cent of amount claimed - Commissioner (Appeals) confirmed such disallowance -…

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