TMI Blog2012 (9) TMI 799X X X X Extracts X X X X X X X X Extracts X X X X ..... reasonable opportunity to the appellant - in favour of assessee for statistical purpose. Relief of undisclosed income on the basis of fabricated evidences and overlooking the fact that entertaining fresh evidences is in contravention of rule 46A - Held that:- As grounds of revenue appeal revolve around Rule 46A & as the assessee’s appeal as discussed above, has been set aside to the A.O. Therefore, Revenue’s grievance automatically has been redressed - Revenue’s appeal is allowed for statistical purpose. - ITA No. 1006/Ahd/2012 & ITA No.1019/Ahd/2012 - - - Dated:- 27-7-2012 - Shri Mukul Kr. Shrawat and Shri T.R. Meena, JJ. By Revenue Shri Roopchand, Sr. D.R. By Assessee Shri S.N. Soparkar, Sr.A.R. Ms. Urvashi Shod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee as purchase made outside the books of accounts. 4. Being aggrieved, by the order of the A.O., the assessee filed first appeal before CIT(A). The CIT (A) had taken remand on this issue on 05.09.2011 from the A.O. which has been considered by him after giving a copy of it to the appellant. The CIT(A) had confirmed the addition and concluded at under:- 5.3 I have considered the submissions of the learned Authorized Representative and the order of the Assessing Officer. It is accepted by the Authorized Representative that the assessee does not maintain Day-to day Qunatitative records of items of stock. The auditors have certified that these three items of stock were in existence in the quantities mentioned, on the last day of the year. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit u/s 44AB of the Income Tax Act 1961. On verification of the written submission made on 13.12.2010 and 29.12.2010, all the details with reference to purchase were submitted at point nos.18. 19 of the questionnaire. Further, books result are accepted in toto. No defects had been pointed out in the books result. No observation was made for method of valuation of closing stock. In view of the same, the assessee being unintended, closing stock cannot be re-worked. Therefore, he prayed to set aside this issue to the CIT(A) for re-consideration of the evidences. He alternatively also argued if the above contentions of the appellant is not acceptable then specific direction for increase of the closing stock which is opening stock for A.Y. 09- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d CIT(Appeals) erred in allowing relief of undisclosed income of Rs.2,33,707/- on the basis of fabricated evidences and overlooking the fact that entertaining fresh evidences is in contravention of rule 46A. 2. On the facts and in the circumstances of the case and in law, the ld CIT(Appeals) erred in deleting the addition of Rs.1,53,622/- on account of income from other sources, overlooking the fact that the working submitted before the ld.CIT(Appeals) is entirely different than that mentioned in Annexure-C to the Form 3CD which is vital part of the audit report and that entertaining fresh evidence is in contravention of rule 46A. 3. On the facts and in the circumstances of the case and in law, the ld CIT(Appeals) erred in deleting the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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