TMI Blog2008 (6) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... 6-2008 - RAVIRAJA PANDIAN K., JANARTHANA RAJA P. P. S, JJ JUDGMENT P. P. S. Janarthana Raja J.- This appeal is filed by the Revenue under section 260A of the Income-tax Act, 1961, against the order of the Income- tax Appellate Tribunal, Madras C Bench, Chennai, datedJuly 27, 2007in I. T. A. No. 598/Mad/2005 for the assessment year 2001-02 by raising the following questions of law : Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing the appeal by deleting the additions made by the Assessing Officer relying on the decision of the Customs, Excise, Service Tax Appellate Tribunal ? 2. The brief facts are as follows : The assessee is a partnership firm consisting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irectorate of Revenue Intelligence as well as the subsequent finding of the Commissioner of Customs (AdjudicationSeaPort) datedOctober 29, 2003. Aggrieved by that order, the assessee has filed an appeal to the Commissioner of Income-tax (Appeals)-X, Chennai. The said Com- missioner of Income-tax (Appeals) deleted the additions above except item No. (ii) relating to the unaccounted sales with reference to deficit stock to the tune of Rs. 19,730. Aggrieved by that order, the Revenue has filed an appeal to the Tribunal in which, the Tribunal has rejected the contention of the Revenue and confirmed the order of the Commissioner of Income-tax (Appeals)-X, Chennai. Challenging the said order the Revenue filed the above appeal. 4. Learned coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal filed by the assessee and held as follows : It appears from the above observation of the adjudicating authority that he was more concerned about the availability of gold jewellery in the shop which was meant for export, rather than going into the evidence to support his finding that the smuggled gold was used for making ornaments. Merely because certain quantity of jewellery manufactured out of imported gold purchased by them and which were meant for export has been kept in the jewellery shop that by itself cannot be a ground to hold that the jewellery found in the shop was made out of smuggled gold. Such finding should be supported by concrete evidence which is totally absent in the present case. Even if some of the gold jewel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Department has utterly failed to bring home the charge against the appellants. The impugned order therefore has to be set aside and we do so and all the appeals are allowed with consequential relief, if any." 6. Learned counsel appearing for the Revenue has also brought to our notice the letter datedJune 20, 2008, in which, the Commissioner of Cutoms,ChennaiSeaPorthas stated that the final order of the CESTAT, Chennai, datedDecember 10, 2004has been accepted by the Commissioner of Customs and the same has reached its finality. The additions were made only by relying on the findings of the customs authorities and the said findings, which are the basis for making additions, are now set aside by the appellate authority. The Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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