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Judgment Search Results Home > Cases Phrase: rationale Court: income tax appellate tribunal itat nagpur Year: 1999 Page 1 of about 2 results (0.050 seconds)

Apr 09 1999 (TRI)

S. Gurlal Singh Tuli Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Decided on : Apr-09-1999

Reported in : (2000)73ITD365(Nag.)

..... by the department.8. the learned departmental representative, on the other hand, submitted that the department's case is not that the provisions of s.44ae are applicable but only rationale and yardstick laid down in that section are followed. he clarified that the ao has not invoked the provisions of the s. 44ae. he pleaded that only details of expenses ..... estimate the income of the assessee. without making out such a case for estimating the income the revenue authorities have jumped to the conclusion to estimate the income as per rationale and yardstick laid down in s. 44ae. thus, the department has placed much more emphasis on mode and manner in which the income of the assessee is to be estimated ..... (a) the learned departmental representative has also justified the action of the ao on the ground that the provisions of s. 44ae are not invoked by the ao but only rationale and yardstick laid down in that section has been adopted.25. we cannot approve the view taken by the departmental authorities firstly because it is not a case of estimation .....

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May 24 1999 (TRI)

Elite Developers Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Decided on : May-24-1999

Reported in : (2000)73ITD379(Nag.)

1. this is an appeal filed by the assessee against the block assessment order under s. 158bc of the it act, 1961 for the block period 1st april, 1992 to 27th november, 1996.2. the assessee is a registered firm, in which shri gajendra s. patil, shri pramod p. patil, shri parag d. patil, shri sudhir d. kolte and shri ramakant u. khetan are the partners. the assessee-firm came into existence w.e.f. 1st april, 1993 and derives income from construction and sale of flats.3. as search and seizure operation under s. 132 of the it act, 1961 was carried out at the business premises of the assessee at malkapur and at pune on 27th november, 1996. during the course of search various incriminating papers were seized, copies of which were supplied to the assessee-firm for explaining the entries recorded therein. a survey at the various premises of the assessee-firm was also conducted by the department and certain loose papers were found indicating the expenditure which were not recorded in the books of account and for which the payments were made in cash.4. a notice under s. 158bc of the it act, 1961 was issued and the assessee filed its return in form no. 2b on 5th september, 1997 declaring total undisclosed income for the block period at rs. 'nil'.as against that, the ao has assessed the total undisclosed income at rs. 71.23 lakhs for the block period. being aggrieved by the order of the ao, the assessee has preferred this appeal to the tribunal.5. ground no. 1 : that the order under s. .....

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