COMMISSIONER OF INCOME TAX Vs. S HARJIT SINGH

JUDGEMENT

(1.) The revenue has filed the instant appeal under Section 260-A of the Income Tax Act, 1961 (for brevity 'The Act') challenging order dated 30.06.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh in ITA No. 488/Chd/2008. It has claimed that two substantive questions of law would emerge from the order of the Tribunal which are as under:-

(2.) The assessee had filed his return in respect of assessment year 2001-02. On scrutiny, assessment was completed on 16.01.2004 by the Assessing Officer under Section 144 of The Act. The income of the assessee-respondent was estimated at Rs. 87,655/- by making the order dated 02.09.2002 passed by the Settlement Commission for the assessment year 1993-94 to 1995-96. The assessing officer had also allowed depreciation, hire charges and interest out of the same. The assessee filed appeal before the Commissioner of Income Tax and vide his order dated 01.11.2004, he estimated the income per truck at Rs. 22,000/-. Feeling aggrieved, the revenue filed further appeal and the Tribunal, vide its order dated 30.03.2006, set aside the order of the Assessing Officer and restored the issue on the file of the CIT (A) for passing a speaking order. On remand, the CIT (A), vide its order dated 20.03.2008, assessed the income per truck at Rs. 45,000/-. Both assessee as well as the revenue challenged the order of the CIT (A) before the Tribunal against the order dated 20.03.2008. The Tribunal dismissed both sets of appeals by observing that in the absence of books of accounts, there cannot be any cut and dry formula to estimate the income per truck. Accordingly, the order passed by the CIT (A) was upheld.

(3.) We have heard Ms. Urvashi Dugga, learned counsel for the revenue at a considerable length and find that no question of law much less a substantive question of law under Section 260 (A) would arise for determination of this Court. In respect of the assessee-respondent, the CIT (A) has observed while referring to the application filed before the Settlement Commission that assessee used to declare additional income from all sources although main source of his income has been from trucks. The following sources have been mentioned by the CIT (A) in its order namely:-