Hon'ble Prakash Krishna,J.
Affidavit of service filed today, be taken on record.
Heard Sri Shambhu Chopra, learned counsel for the appellant.
Appeal is admitted on the following substantial questions of law:
"1. Whether the Hon'ble ITAT was legally correct in holding that book result declared by the assessee are better as compared to earlier years and the same cannot be rejected ignoring the legal aspect that the assessee could not furnish the complete details of various expenses incurred, complete addresses of the parties to whom payments were made, even filed self made vouchers before the AO and the same were confirmed by the learned CIT(A).
2. Whether the finding of the Hon'ble ITAT given in para-7 of its order, was legally correct in admitting and relying upon the letter dated 18.10.2005 of the assessee and adjudicating the evidences which have never been produced before the AO as well as before the CIT(A). The order of the Hon'ble ITAT is perverse in as much as the letter dated 18.10.2005 filed before the Hon'ble ITAT showing the addresses like Sunil Kumar Agrawal, Battpura, Morena, Dushayant Tyagi, Joga Morena etc. of the purchasers does not actually furnished before the AO.
3. Whether the Hon'ble ITAT was legally correct in directing the AO to assess the interest income under the head "business income" though the interest income was not a contractual receipt."
(Prakash Krishna,J) (Ashok Bhushan,J) Order Date :- 16.4.2012 MK/