COMMISSIONER OF INCOME TAX- III Vs. JAY ENTERPRISE

JUDGEMENT

(1.) This Appeal under Section 260A of the Income Tax Act is at the instance of the Revenue and is directed against the order dated 14th July 2010 passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot in I.T.A. No. 519/RJT/2008, by which the Tribunal dismissed the appeal preferred by the Revenue. Being dissatisfied, the Revenue has come up with the present Appeal.

(2.) The following three questions arise for consideration before us:

(3.) As regards the first point advanced by the Revenue, we find that during original assessment proceedings the Assessing Officer himself had accepted the position that the assessee had maintained quantitative details and that the general profit was on the higher side. We further find that in remand report also, the Assessing Officer could not justify the lump-sum addition other than making a short statement that addition was justified on books, vouchers, etc. as produced before him.