TMI Blog2008 (1) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... - - - Dated:- 18-1-2008 - MEENA Y. R., UPADHYAYA J. C. JJ. Manish R. Bhatt for the appellant. None appeared for the respondent. JUDGMENT 1. Heard learned counsel for the appellant. The following substantial question of law is proposed for admission of this appeal. "Whether the Appellate Tribunal is right in law and on facts in confirming the order of the Commissioner of Income-tax (Appeals) confirming only unaccounted sales to the tune of Rs. 4,32,848 and thereby deleting the remaining amount of Rs. 41,61,922 made by the Assessing Officer invoking section 145(2) of the Act ?" 2. Whether there should be any addition on the ground of suppression of sales, the Tribunal has considered the aspects as under : "We have c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta, store and excise clerk of the factory and Shri Sharish Modi, dyeing consultant of the factory. In an enquiry Shri Sanjiv Gupta stated that he had been looking after the store along with the excise and other work in the factory and the documents recovered from his possession deal with stock of man-made fabric lying under process as on September 15, 1992, in the factory mentioned. He had personally verified the physical stock of fabric on that date and the paper also contained details regarding dispatch of pro-duct from the factory to various parties. These papers also contain regarding item wise processing of cotton fabrics and man-made fabric and the cost incurred separately during April, 1992, to August, 1992. Explaining the particula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale consideration. In our opinion, in this regard, the judgment of the jurisdictional High Court in the case of CIT v. President Industries [2002] 258 ITR 654 (Guj) is fully applicable. Under these facts, we, therefore, do not find any illegality or infirmity in the order of the Commissioner of Income-tax (Appeals) while reducing the addition on account of suppressed sales and accordingly, we con-firm the order of the Commissioner of Income-tax (Appeals) in this regard. Thus, ground No. 1 of the assessee's appeal as well as the Revenue's appeal stand dismissed." 3. Whether there was any suppression of sale or not, is basically a question of fact. The Commissioner of Income-tax (Appeals) as well as the Tribunal both found that the additi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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