DEEPAK RUGS HARIYAWAN Vs. COMMISSIONER INCOME TAX

JUDGEMENT

(1.) The present appeal has been filed by the assessee under Section 260-A of the Income Tax Act. 1961 (hereinafter referred to as 'the Act') against the order of the Income Tax Appellate Tribunal, Allahabad Bench dated 16.3.2009 for the Assessment Year 2004-05, by which Tribunal dismissed assessee's appeal and confirmed the order dated 4.9.2006 passed by Commissioner of Income Tax (Appeals) Varanasi.

(2.) The Commissioner of Income Tax (Appeals), Varanasi, by order dated 4.09.2006 enhanced the addition by estimating the gross profit at 23.01 % and accordingly sustained the addition of Rs. 1,32,02,572/- which includes the addition made by Assessing Officer vide order dated 13.02.2006.

(3.) The instant appeal was admitted on the following questions of law: