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2012 (12) TMI 282 - AT - Income TaxAddition - difference between the sales as per books and sales as per stock statements submitted to bank - suppressed sales – Held that:- Assessee placed on record, copy of general ledger, bank statement, delivery challan, consignment note of transporter, which the CIT(A) considered as fresh evidence and rejected them by holding that there existed no reason by which the appellant was prevented in producing them before the AO - certain details filed by the assessee before the CIT(A) had neither been filed at the assessment stage, nor before the CIT(A) (before the remand report) nor before the AO at the remand stage. To give fair and equitable chance to both sides, we think it proper that the issue must be examined by the AO from the perspective of all the evidence, including new and fresh evidence placed before the CIT(A) - grounds allowed for statistical purposes Addition on account of disallowance of amount written off in respect of discarded stocks – alleged that assessee in its account had shown unserviceable and unusable finished stock – Held that:- Assessee had claimed that the materials had been discarded - write off on account of discarded material allowed by giving benefit to the assessee that the goods have been “discarded” five years back, the same can never be traced or even found at the present moment. Even in the books the assessee has treated the same as discarded and therefore written them off - direct the AO to allow the claim of write off as discarded materials Disallowance of depreciation - disallowance of depreciation claimed on building and furniture – Held that:- Even if the unit is closed for production activity, some activity or even the usage of the factory and furniture and fixture, even by the chowkidar, who is employed to keep a watch and upkeep of the premises would be there - accounts are maintained by the assessee - direction to the AO to allow the depreciation as per law to the “assessee” – ground allowed for statistical purposes Non-consideration of additional ground of appeal - claim for allowance of set off of brought forward losses – Held that:- Assessee had filed additional ground of appeal. This ground, though filed well in advance has not been adjudicated. He, therefore, prayed that this issue has to go back to the file of the revenue authorities - ground is allowed for statistical purposes.
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