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TMI Blog1976 (4) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... d kirana goods. The ITO during the course of the assessment found that the assessee had claimed a shortage of 7717 kgs. in the pista dodi account. The assessee's case was that it was extracting Pista by removing the Kernal and in this process there was bound to be heavy shortage. Some Pista dodi was also conceded to be soild directly. The assessee, however, did not file separately the Pista dodi account and the Pista account indicating the quantum of shortage in the process of extracting pista. In the circumstances, the ITO held that the shortage shown was not verifiable. He, therefore, on estimate disallowed shortage to the extent of 1000 kgs as excessive. Computing the same at the average selling price of Rs. 20 per kg. he made an additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d being unprofitable after the present year. 4. We find that this certificate of the Indo Afghan Chamber of Commerce was not produced at the assessment state before the ITO or the AAC. However, this is a document which we are inclined to admit in evidence as it is coming from an independent source of authenticity. Since, however, the ITO had no occasion to look into the same and rebuts that by any evidence to the contrary, we are inclined to send back the case to the AAC for decision afresh. He should allow this certificate to be brought on record and then permit both the sides to lead such evidence as they may choose. The matter be them freshly adjudicated. 5. There are next three cash credits totalling Rs. 9,000. One was of Rs. 2,000 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these proceedings the assessee had duly filed the certificate of Indo Afghan Chamber of Commerce and had also brought out the figures in order to show that the shortage was marginal. These being quasi criminal proceedings, we have therefore to look at the entire matter with a somewhat different approach. As per facts brought by the assessee and discussed by us in details above, we find that the estimated addition of account of marginal shortage could not result in the levy of penalty. It cannot be said that there was any conscious concealment or income or that the assessee was guilty of any fraud or gross or wilful neglect. Normally when we had sent the quantum appeal back to the AAC, we would have deferred the decision in this penalty case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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