TMI Blog2011 (4) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of guesswork, the assessment cannot be made - Tribunal below would be free to give opportunity to the Assessing Officer to produce evidence of rebuttal to the ones relied upon by the assessee - Decided in the favour of the assessee by way of remand - I.T.A. No.137 of 2001 - - - Dated:- 25-4-2011 - Mr. Justice Bhaskar Bhattacharya, Mr. Justice Sambuddha Chakrabarti, JJ. For the Appellant: Mr. R. N. Bajoria, Mr. J. P. Khaitan. For the Respondent: Mr. D. K. Shome. Bhaskar Bhattacharya, J.: This appeal under Section 260A of the Income-tax Act, 1961 is at the instance of the assessee and is directed against an order dated December 01, 2000, passed by the Income-tax Appellate Tribunal, E Bench, Calcutta, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Assessing Officer made addition by taking wrong figure but the fact remained that CIT (Appeals) also had blankly deleted the addition without considering the factual situation and thus, the Tribunal was of the view that the order of the first appellate authority should be modified and the disallowance should be restricted to to Rs.3,00,000/- without, however, giving any reason for arriving at uch a figure. (ii) The second grievance of the department was pertaining to addition of Rs.56,72,600/- on account of power and fuel expenses. The Tribunal came to the conclusion that the sale during relevant period had gone down in comparison to the figure of the previous year but the assessee claimed a sum of Rs.2,64,95,591/- under the head ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on any material and/or have been arrived at by ignoring the relevant materials and/or by taking into consideration irrelevant and/or extraneous materials and/or are otherwise arbitrary, unreasonable and perverse. (ii) Whether, any of the said expenses were disallowable in the absence of any finding that the expenditure was not incurred for the purposes of the appellant s business and having regard to the settled legal position that the assessing officer cannot substitute his own views in place of those of the businessman who is the best judge of commercial expediency. After hearing Mr. Bajoria, the learned senior Advocate appearing on behalf of the appellant and Mr. Shome, the learned senior Advocate appearing on behalf of the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of reassessing the amount after taking into consideration all the documents produced before the Tribunal below which are annexed to the paper book before us. On consideration of the materials placed by the assessee, if the Tribunal below is of the view that those are manufactured or irrelevant, it may reject the claim but simply on the basis of guesswork, the assessment cannot be made. The Tribunal below is, therefore, directed to take into consideration each and every document which has been relied upon by the assessee and to arrive at a finding as to whether the claim of the assessee is genuine or not and to pass appropriate orders of assessment based on materials on record. However, the tribunal below would be free to give opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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