COMMISSIONER OF INCOME TAX Vs. ANIL KUMAR ARYA

JUDGEMENT

(1.) THE Revenue has filed the present appeal under Section 260A of the IT Act, 1961 (for short 'the Act') against the order dt. 31st Jan., 2007 passed by the Income Tax Appellate Tribunal, Delhi Bench (I), Delhi (for short 'the Tribunal'), in ITA No. 122/Del/2005 for the asst. yr. 2001 -02 raising the following proposed substantial questions of law:

(2.) THE assessee is a transport contractor and is engaged in the business of supplying oil tankers on hire to various oil companies. The return of income in this case was filed by the assessee on 25th Sept., 2001 declaring total income of Rs. 1,96,590. The said return was processed under Section 143(1)(a) of the Act. Later on the case was selected for scrutiny. The assessee was issued notice under Section 143(2) of the Act.

(3.) AGGRIEVED against this order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), Rohtak [for short 'the CIT(A)']. The CIT(A), Rohtak vide his order dt. 28th Oct., 2004 partly allowed the appeal and held that at no point of time, the assessee owned more than 9 trucks during the accounting year of appeal and directed the assessment of the income from business of trucks to be made at Rs. 1,96,000 as returned plus Rs. 24,000.