Case Details

Citation(s)
2003 SLG 3904 2003 SLD 3904 (2003) 263 ITR 677
Rajasthan High Court

DR. AR. LAKSHMANAN, C.J. AND BHAGWATI PRASAD, J.

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Commissioner of IncomE tax

v.

Saddruddin Hussain

Law:

Section:

Section 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of profits - Assessee, a wine contractor, produced all books of account but not sale vouchers because of which Assessing Officer by invoking provisions of section 145(2), made trading additions in country liquor business as well as in IMFL business - Tribunal reduced total additions to Rs. 2 lakhs - Whether Tribunal had reached its conclusion after considering all relevant facts and was, thus, justified in reducing additions - Held, yes - Whether, therefore, any substantial question of law was involved in this appeal - Held, no FACTS The assessee had produced all relevant books of account. The Assessing Officer, however, invoked the provisions of section 145(2) since the assessee had not produced the sale vouchers, and made trading additions in the country liquor business as well in IMFL business. The Commissioner (Appeals) allowed the appeal while confirming the order of the Assessing Officer. On cross-appeals, the Tribunal reduced the total additions to Rs. 2 lakhs only. On reference : HELD The revenue's contention that the assessee having not produced sale vouchers, and its sales being not verifiable, and also expenses being not supported by authentic vouchers, the Assessing Officer had invoked the provisions of section 145(2), had no merit. The Tribunal had appreciated the rival claims of both the parties and accepted the claim of the assessee and reduced the addition to Rs. 2 lakhs. The Tribunal had reached this conclusion after considering all relevant facts. The Tribunal was justified in reducing the amount to Rs. 2 lakhs. Hence, no substantial question of law was involved in the appeal. The appeal was, thus, to be dismissed. Sandeep Bhandawat for the Appellant. ORDER Lakshmanan, CJ. - Heard Shri Sandeep Bhandawat for the appellant. 2. This appeal under section 260A of the Income-tax Act, 1961 ('the Act') has been filed to set aside the decision of the Tribunal and restoring the order of the assessing authority. 3. The assessee is a wine contractor. During the course of assessment proceedings, the assessee had produced cash book, ledger, purchase vouchers, sale register, etc. The…
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