IN THE ITAT MUMBAI BENCH ‘A’
Alliance Hotels
versus
Assistant Commissioner of Income-tax – 12(1)
IT APPEAL NOS. 4076 & 4738 (MUM.) OF 2011
[ASSESSMENT YEAR 2006-07]
DECEMBER 26, 2012
ORDER
Sanjay Arora, Accountant Member
This is a set of cross-appeals by the Assessee and the Revenue, arising out of Order by the Commissioner of Income Tax (Appeals)-23, Mumbai (‘CIT(A)’ for short) dated 31-03-2011, partly allowing the assessee’s appeal contesting its assessment u/s. 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 30-12-2008 for the assessment year (AY) 2006-07.
2.1 The background facts of the case are that the assessee, a partnership firm in the business of providing boarding and lodging facilities, was subject to survey action u/s. 133A of the Act on May 11 & 12, 2007. Incriminating documents were recovered from its premises. The assessee having filed its return for the year on 31-10-2006 at a loss of Rs. 27.22 lakhs, the same was subject to the verification procedure under the Act by the issue of notice u/s. 143(2), and the impugned assessment framed. The first appellate authority having allowed the assessee partial relief, both the assessee and the Revenue are in appeal.
2.2 The two additions for the current year are on the basis of the material in the form of print-outs of computer back up files found on the system at the assessee’s premises, and addition/s based on which form the subject matter of the respective appeals, which we shall take up in seriatim.
Assessee’s Appeal (ITA No. 4076/Mum/2011)
3.1 The document under reference reads as:
