TMI Blog2011 (5) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Register of Newspaper of India is a authority, entrusted with the job of allotment of quota of foreign newsprint and the factors - Thus, the CIT(A) was not justified in disturbing the book results shown by the assessee - In favour of assessee. Allowance of expenditure - additional ground - Held that:- In the light of the Tribunal's order in assessee's own case for assessment year 1995-96, a copy of which has been placed on record, accept the assessee's contention and direct the Assessing Officer to allow the claim of the assessee in the year in which the expenditure has been incurred - Since both the assessment years were stated to be pending, the CIT(A) was not correct in rejecting this additional ground - The CIT(A) has only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee with regard to the wastage allowance as also the allowance in respect of expenditure of Rs. 2,15,62,950. It is against this order, that the revenue is in appeal before us. 4. We may note that in ITA No. 361/2010, the Revenue has taken as many as five grounds of appeal. Learned counsel appearing for the Revenue did not press the first four grounds and in this appeal confined to challenge the order of the Tribunal deleting the entire addition of Rs. 65,41,984 made by the Assessing Officer on account of excessive wastage, though, the CIT(A) had restricted addition to Rs. 33,79,167 on this account. In ITA No. 359/2010 in addition to the aforesaid five grounds, the challenge is also to the order of the Tribunal whereby he directed the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der:- "10.3 We have heard both the sides and gone through the elaborate records. As observed by the CIT(A) itself, the assessee has maintained quantitative records wherein full details of newsprint purchased and used are given. The assessee has also explained the reason for excessive wastage before the Assessing Officer. The Assessing Officer, however, without rejecting the contentions of the assessee, relied on the report of the Registrar of Newspaper of India, called for by him under section 133(6) of the Act. The CIT(A), though accepted that assessee had maintained quantitative records of wastage etc., applied the wastage rate of 7 per cent. On the facts and circumstances of the case we accept the contention of the assessee that the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the CIT(A), the ITAT passed the order in the following manner:- "12. Ground Nos. 13 to 16 in assessee's appeal relates to the action of CIT(A) in not admitting additional ground in respect of allowance of expenditure of Rs. 2,15,62,950. We have heard the parties. In the light of the Tribunal's order dated 22-8-2008 in assessee's own case in ITA Nos. 47/Luc./2000 13/Luc./2000 for assessment year 1995-96, a copy of which has been placed on record, we accept the assessee's contention and direct the Assessing Officer to allow the claim of the assessee in the year in which the expenditure has been incurred. Since both the assessment years were stated to be pending, the CIT(A) in our view, was not correct in rejecting this additional gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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