BHARAT DRUG STORES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this appeal filed under Section 260A of the Income Tax Act, 1961, the appellant assailed the orders dated 26 -5 -2003,and 31 -3 -2004, passed by the Income Tax Appellate Tribunal in I. T. A. No. 481 (Gau) of 1997 for the assessment year 1991 -92 of the appellant.

(2.) FOR better appreciation, the facts, in brief, are that the appellant filed return for the assessment year 1991 -92 showing the total income of Rs. 51,790. The assessing officer, on the basis of some documents recovered during the search of the assessee's premises, added a sum of Rs. 1,02,598 as additional income for the relevant assessment year. Being aggrieved by and dissatisfied with the order of the assessing officer, the assessee challenged the assessment order in Appeal No. 158 of 1994 -95 before the Commissioner (Appeals). The Commissioner (Appeals) set aside the assessment order with a direction to make fresh assessment. Accordingly, the assessing officer reassessed vide order dated 10 -2 -1997, by adding a sum of Rs. 1,02,598 to the assessee's income as income from undisclosed sources. Being aggrieved by the said order the appellant again took the matter before the Commissioner (Appeals) and, vide order dated 27 -6 -1997, the Commissioner (Appeals) held that the addition of Rs. 1,02,598 was made wrongly and thus ordered for deletion. Against the said order of the learned Commissioner (Appeals), the revenue preferred an appeal before the Income Tax Appellate Tribunal, Guwahati Bench, Guwahati, in I. T. A. No. 481(Gau)/1997. The learned Tribunal partly allowed the appeal by restricting the addition to the extent of Rs. 87,598 only as income of the assessee from undisclosed sources for the assessment year 1991 -92 vide order dated 26 -5 -2003. The appellant against the said order filed a miscellaneous application being MA No. 20 of 2003 before the Income Tax Appellate Tribunal, Guwahati Bench, Guwahati, under Section 254(2) of the Income Tax Act. The learned Income Tax Appellate Tribunal dismissed the application, vide order dated 31 -3 -2004,stating that the Tribunal cannot recall and rehear the appeal under Section 254(2) of the Act.

(3.) WE have heard Miss N. Hawelia, learned Counsel for the appellant, and Mr. U. Bhuyan, learned Counsel appearing for the respondents.