CIT Vs. S C SETHI

JUDGEMENT

(1.) Heard learned Counsel for the parties. This appeal is directed against the order of the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur, dated 20-2-2004.

(2.) The substantial question of law, which according to the appellant arises in this appeal has been stated as under:

(3.) The factual matrix of the case is that according to the case of the revenue , a survey was conducted in pursuance of search warrant issued against the premises of J. K. Industries/J. K. Tyre Ltd. In the course of search, certain documents were seized from the residence of one of the senior managers (Accounts) Sh. A. K. Chhajer. It is on the basis of some entry in loose papers seized from Sh. Chhajer, additions were made in the income of the respondent-assessee to the tune of Rs. 4,67,200 as income from undisclosed source by referring it to the emolumants received from the employer over and above the one which were admitted to have been received by him. The first assessment in the case of the assessee was finalized assessing the return filed on June 29, 1993. The original assessment was completed on March 28, 1996. The notice issued to Sh. A.K. Chhajer was not served on him and, therefore, he had not appeared before the Income Tax Officer so as to be available for cross-examination by the assessee.