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2014 (10) TMI 38 - HC - Income TaxClaim of shortages disallowed – Invocation of section 145 - Whether the Tribunal was legally correct in confirming the addition on account of driage claimed, ignoring the fact that driage depends upon the quality of sugarcane, climatic conditions and other factors and as such was justified in sustaining the impugned addition on the basis of the case of another Chini mill – Held that:- The assessee has shown the higher driage, as compared to driage shown by another Sugar Mill i.e. M/s. Kisan Sahkari Chini Mill - the comparative chart shows that there is a close similarity in all aspects between the two Chini Mills - similar driage has been accepted by the authorities in the AY 1991-92 is not applicable as in that year no comparison was taken place - every assessment year is an independent assessment year - the assessee has shown a lesser driage - Regarding the production of extra sugar, the AO was directed to restrict the addition to the value of the suppressed stock of the sugarcane for the quantity - AO has made the addition on estimate basis which is a question of fact – thus, there is no reason to interfere in the order of the Tribunal – Decided against assessee.
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