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2015 (6) TMI 874 - AT - Income TaxRevision u/s 263 - as per CIT(A) excess production was made by the assessee - Held that:- No evidence in the form of paper book has been filed in support of the grounds raised by the assessee. We, however, have carefully perused the orders of the authorities below and we find that during the course of search, the search team conducted test run of Pouch Packaging Machine in order to ascertain the production of pouches of Pan Masala and arrived at a conclusion that excess production was made by the assessee i.e. M/s Durga Trading Company, proprietorship concern of Smt. Asha Chaurasia and the products were sold through other proprietorship concerns i.e. M/s Udai Traders and M/s R. P. Products, proprietorship concerns of Shri. Udai Chand Chaurasia and Shri. Raj Kumar Chaurasia respectively. It was also noticed by the search party that the assessee has made payment of excess excise duty. All these facts were not examined by the Assessing Officer while completing the assessment in order to work out the excess production and sales out of the books of account. Therefore, we are of the view that the ld. Commissioner of Income-tax has rightly held that the assessment orders are erroneous and prejudicial to the interest of the Revenue. - Decided against assessee.
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