CHEVOIT COMPANY LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) .This appeal under S. 260A of the IT Act, 1961 is at the instance of the assessee and is directed against an order dt. 1st Dec., 2000, passed by the Tribunal, "E" Bench, Calcutta, in income-tax appeal bearing ITA No. 1414/Cal/1996 for the asst. yr. 1992-93 partly modifying the order passed by the CIT(A) in an appeal filed by the Revenue. Being dissatisfied, the assessee has come up with the present appeal.

(2.) THE facts giving rise to filing of this appeal may be summed up thus :

(3.) AFTER hearing Mr. Bajoria, the learned senior advocate appearing on behalf of the appellant and Mr. Shome, the learned senior advocate appearing on behalf of the Revenue, we find that the assessee in support of his claim produced details of vouchers and other documents in support of the claim in respect of those three items. It appears that the AO did not at all consider those documents nor did he find those documents to be manufactured or otherwise not relevant and on the basis of a mere guesswork, deducted the amount. Similarly, the CIT(A) after finding that the approach of the AO was erroneous, allowed the entire claim of the assessee without verifying those documents and the Tribunal below took a midway by modifying both the orders without, however, any reference to any of the materials produced by the assessee.