(1.) REVENUE is in appeal against the judgement of the Tribunal dated 19.12.2008, raising the following questions for our consideration :
(2.) THE questions essentially overlap and pertain to an addition of Rs.4.38 crores (rounded off) made by the Assessing Officer in the hands of the assessee. In case of one Rishabh G. Jain, brother of the respondent � assessee, we had under identical circumstances, an occasion to consider such a question in Tax Appeal No.113 of 2010 filed by the revenue. We had upheld the view of the Tribunal making following observations :