TMI Blog2011 (9) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 14.10.2008 passed by the learned Commissioner of Income-tax (Appeals) in the matter of an assessment made under sec.143(3) of the Income-tax Act, 1961 (the Act) by the Assessing Officer for the Assessment Year 2005-06. 2. In this appeal, the assessee has assailed the CIT(A) s order in confirming the following additions made by the Assessing Officer:- (1) ₹ 19,79,284/- on account of illegal transportation (undisclosed sales). (2) ₹ 1,71,309/- on account of illegal stock . (3) ₹ 25,000/- on account of compounding fees for illegal mining imposed by District Magistrate, Nainital. 3. We have heard both the parties and carefully perused the orders of the authorities below. 4. The asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs given by the authority of District Magistrate, Nainital including the report given by the Mining Officer and Joint Enquiry Committee. 6. Hence, the assessee is in further appeal before us. 7. In the course of hearing of this appeal, the learned counsel for the assessee has submitted that identical issue had come for consideration before the Tribunal in the case of M/s. Uttarakhand Stone Products Pvt. Ltd., Haldwani in ITA No.347/Del/2009, where ITAT, New Delhi Bench `H vide order dated 26th April, 2010, has restored this matter back to the file of the Assessing Officer for re-adjudication. It was further pointed out that in the case of M/s. Krishna Store Industries Pvt. Ltd. Vs. DCIT (ITA No.419/Del/2009), identical matter ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered by the A.O. for charging the assessee with having excess stock is premature information. Considering this aspect, we set aside this issue to the file of the A.O. for re-adjudication. He shall take into consideration the outcome of survey carried out by the authorities of the State Government as corroborative piece of evidence and then determine the issue whether the assessee has excess tock or not at the end of the accounting year. This information received from the state Government would be the information, which comes out after the determination of issue in pursuance of the order of Divisional Commissioner, Nainital. Needless to say that observation made by us will not impair or injure the case of the A.O. or would cause any prejudi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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