COMMISSIONER OF INCOME TAX Vs. C. SABIRA

JUDGEMENT

(1.) The Respondent/Assessee is the proprietrix of a hospital. A search was carried out under Section 132 of the Indian Income Tax Act, 1961 (hereinafter referred to as the Act) in the hospital premises and also the Assessees residence. The search was finally concluded on 3-9-2002. Proceedings were initiated against the Respondent for block assessment. Pursuant to the notice issued, the Respondent filed a block return showing undisclosed income of Rs. 62,77,417 for the assessment years 1997-98 to 2003-04. The assessment was completed on 30-8-2004 determining an undisclosed income for the block period at Rs. 3,38,96,980. In appeal, the appellate authority ordered deletion of various amounts and finally sustained an undisclosed income of Rs. 72,08,230. The Appellant impugned the matter before the Tribunal. The Tribunal dismissed the appeal.

(2.) The following are the substantial questions of law which are purported to be raised in this appeal :

(3.) (a) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in confirming the deletion of the addition of Rs. 12,75,035 being undisclosed income for the period 1-4-2001 to 2-5-2001 estimated on the basis of actual receipt for the remaining 333 days