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2010 Supreme(Raj) 1770

JAGDISH BHALLA, MOHAMMAD RAFIQ
Rajendra Prasad Subhash Chand – Appellant
Versus
Union of India through the Chief Commissioner of Income Tax for Rajasthan – Respondent


Advocates:
For the Appellant: Anant Kasliwal, Counsel.
For the Respondents: Sameer Jain, Counsel.

JUDGMENT

1. - This income-tax appeal has been filed by the appellant-assessee challenging the judgment dated 20.03.2009, of the Income Tax Appellate Tribunal, Jaipur Bench 'B' Jaipur, (for short, 'the ITAT') whereby the ITAT upheld the judgment dated 26.03.2007 of the Commissioner of Income Tax (Appeals) Alwar (for short, 'the CIT'), who in its turn, confirmed the assessment order passed by the Assessing Officer.

2. Factual matrix of the case is that on 06.05.2002 a survey under Section 133A of the Income Tax Act, 1961 (for short, 'the Act') was conducted at the business premises of the appellant-assessee in which it was found that the books of account had been written only up to 26.04.2002 and no entries were thereafter made till the date of survey. The appellant-assessee, however, on 02.12.2003 filed its return of income declaring income of Rs. 6,69,050/- along-with audited balance-sheet, profit and loss account tax audit report dated 22.11.2003. Since the survey was carried out under Section 133A of the Act, the case of the appellant-assessee was selected for compulsory scrutiny by issuing notice to it under Section 143(2) on 06.05.2004, however, the jurisdiction of the case was



























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