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2021 (7) TMI 614 - AT - Income TaxUndisclosed production and investment in stock arrived at on the basis of variation in electricity consumption and calculations - HELD THAT:- The issue of variation in electricity consumption stands addressed by M/s. R.A. Castings Pvt. Ltd. [2010 (9) TMI 669 - ALLAHABAD HIGH COURT] wherein the Court was pleased to hold, "Therefore, no universal and uniformly acceptable standard of electricity consumption can be adopted for determining the excise duty liability that too on the basis of imaginary production assumed by the Revenue with no other supporting record, evidence or document to justify its allegations." Similarly it is seen that the deficiency of the Revenue Authorities in not confronting the incriminating statements relied upon and making those persons available for cross examination persists. In the facts of the present case, repeatedly request to this extent has been made by the assessee all along and for unstated reasons, it remains unaddressed, such an action again is unsustainable in law. Accordingly, the appeal of the assessee is allowed and the additions sustained are directed to be deleted.
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