COMMISSIONER OF INCOME TAX Vs. MOORTI DEVI

JUDGEMENT

(1.) IN this appeal preferred under Section 260A of the Income Tax Act, 1961 (for brevity 'the Act') by the revenue against the order dated 19th November, 2009 by the Income Tax Appellate Tribunal (Delhi Bench 'E' Delhi) (for short 'the tribunal') in ITA No. 1012(Del)/2008 pertaining to the assessment year 1994 -95, the following questions have been raised:

(2.) TO appreciate whether the aforesaid questions in actuality would give rise to any substantial question of law, it is apt to notice few necessary facts. The assessment for the year in question was completed on 21st March, 2001 at Rs. 71,33,092/ - as against the declared income of Rs. 1,33,092/ -. The foundation for the addition was that an information was received that certain documents relating to the assessee were seized during the course of search and seizure operation under Section 132 of the Act conducted on the business premises of M/s Shyam Garments. Against the original order of assessment, the assessee preferred an appeal before the CIT(A) who, by the order dated 16th December, 2004, in appeal No. 670/2001 -02, confirmed the addition made by the assessing officer. The assessee carried the matter in the second appeal before the tribunal which, by the order dated 4th April, 2004, set aside the order with the directions to make the assessment de novo.

(3.) ON an appeal being preferred, the CIT(A) came to hold as follows: