TMI Blog2011 (1) TMI 1203X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances, in the absence of any infirmity being pointed out in the findings of fact recorded by the Tribunal, the impugned order being based solely on findings of fact does not give rise to any question of law so as to call for intervention by this Court. - 1087 of 2009 - - - Dated:- 10-1-2011 - MS.JUSTICE HARSHA DEVANI, MR.JUSTICE H.B.ANTANI, JJ. RS MAUNA M BHATT for Appellant(s) ORAL ORDER (Per : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. In this appeal under section 260A of the Income Tax Act, 1961 [the Act], the appellant-revenue has challenged order dated 20th February, 2009 made by the Income Tax Appellate Tribunal [the Tribunal], proposing the following question:- Whether the Appellate Tribunal is right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee that the expenses for unmeasured work were not charged to the profit and loss account for the period beyond the billing date, viz., 27.3.2003 or 28.3.2003. He, accordingly, was of the view that the addition of closing stock was not justifiable. 4. Against the order of the Commissioner [Appeals], revenue preferred appeal before the Tribunal, which came to be dismissed. 5. Ms. Mauna Bhatt, learned Senior Standing Counsel, appearing on behalf of the appellant, assailed the impugned order of the Tribunal submitting that the Assessing Officer had elaborately discussed the issue in the assessment order with the facts, and had correctly worked out the cost of work in progress and gross profit thereon, based on cogent evidence in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue had not brought any material on record to controvert the findings recorded by Commissioner [Appeals] and that the Assessing Officer, after examining the books of account of the assessee could not point out actual expenses debited by the assessee after raising the last bill but before the end of the relevant previous year. In the opinion of the Tribunal, in the absence of such material being brought on record, the Commissioner [Appeals] was justified in deleting the addition which was made merely on the basis of assumption without bringing on record the real material. 7. Thus, the Tribunal, after appreciating the evidence on record has found, as a matter of fact, that there was no material on record to point out that any work wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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