CIT Vs. S HARJIT SINGH

JUDGEMENT

(1.) The revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (for brevity the Act) challenging order dated 30-6-2009 passed by the 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 16-1-2004 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 2-9-2002 passed by the Settlement Commission for the assessment years 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 (Appeals) and vide his order dated 1-11-2004, he estimated the income per truck at Rs. 22,000. Feeling aggrieved, the revenue filed further appeal and the Tribunal, vide its order dated 30-3-2006, set aside the order of the assessing officer and restored the issue on the file of the Commissioner (Appeals) for passing a speaking order. On remand, the Commissioner (Appeals), vide its order dated 20-3-2008, assessed the income per truck at Rs. 45,000. Both assessee as well as the revenue challenged the order of the Commissioner (Appeals) before the Tribunal against the order dated 20-3-2008. 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 Commissioner (Appeals) was upheld.

(3.) We have heard Ms. Urvashi Dhugga, 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 260A would arise for determination of this Court. In respect of the assessee-respondent, the Commissioner (Appeals) 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 Commissioner (Appeals) in its order, namely: