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2022 (11) TMI 822 - AT - Income TaxUndisclosed sale of scrap - HELD THAT:- On perusal of Vat returns, copies of bill issued by the assessee, extract of the Act/Rules containing the item scrap as taxable good find that the alleged sum is not an undisclosed sale of scrap. The assessee regularly discloses the sale of scrap in its books of account and charged/paid GST thereon. Thus, we do not find any merit in the findings of the ld. CIT(A) and we are inclined to hold that the AO erred in making the addition towards undisclosed sale of scrap ignoring the fact that the said sum duly disclosed/recorded as sales in the regular books of account. Therefore, the addition of Rs.10,01,000/- stands deleted. Ground nos. 1 to 3 raised by the assessee are allowed. Admission of additional ground raised by the assessee - addition of undisclosed stock - Excess stock found during the course of survey - HELD THAT:- The assessee did not raise this issue before the ld. CIT(A), thus, accepted the addition. Now the assessee has challenged this issue referring to the judgment of M/S. Subarna Rice Mill [2018 (8) TMI 1475 - CALCUTTA HIGH COURT] We, however, are of the considered view that this issue raised in additional ground is not a legal issue and is purely based on the facts of the case, which stands already adjudicated and assessee opted not to challenge it before Ld. CIT(A). Thus, the same cannot be raised at this stage. We, therefore, dismiss this additional ground raised by the assessee being infructuous
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