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2015 (11) TMI 178 - AT - Income TaxAddition on excess stock of material found at the business premises of the assessee during the course of survey - CIT(A) deleted the addition - Held that:- The first evidence submitted by the assessee is a registration certificate in Form RC of the Central Excise Department and the second evidence submitted by the assessee is details of movement of inventory at the location viz. ‘Vipan’. Vide challan no.1761 dated 8.9.2006, Colourtex Industries Pvt. Ltd. has made a movement of Scarlet BR Press cake (Semi Finished) having quantity of 1,244 having value of ₹ 1,61,720/-. The challan was cleared on 17.7.2006. There are number of other entries whose bills were prepared on 7.7.2006 and it was cleared on 13.7.2006 etc. Object of referring these documents is for the reason to demonstrate that this premises was being actually used by Colourtex Industries Pvt. Ltd. before the survey carried at the premises. The copy of lease-deed has also been placed on record. The ld.CIT(A) has considered all these materials, and thereafter deleted the addition. AO has not applied his mind on any of the evidences or any of the explanation given by the assessee. The ld.AO has not even noted the explanation submitted by the assessee. The assessment order is just a cut-and-paste from other assessment orders. We can observe so, because, we have seen more than twenty assessment orders of this group while hearing all these appeals. Standard language has been used more specifically from page no.4 to end. Thus, if we weigh reasoning given by the AO for making addition vis-ŕ-vis reasoning given by the ld.CIT(A) for deleting the addition in the light of the material produced in the paper book by the assessee, then, certainly scale would tilt in favour of the CIT(A). Therefore, we do not find any merit in the appeal of the Revenue. - Decided against revenue
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