TMI Blog2013 (3) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Act, 1961 to scrutinize the facts when there is no question of law at all arising, much less a substantial question of law. Estimated figure work out by the Tribunal is broadly based on factual matrix which was presented before it and there is no infirmity that could be pointed out not to sustain the impugned order of the Tribunal. - Therefore, this Tax Appeal fails and is dismissed. - TAX APPEAL No. 2164 of 2010 - - - Dated:- 27-1-2012 - MR. AKIL KURESHI AND MS SONIA GOKANI JJ. Appearance: MR TEJ SHAH for Appellant(s): 1,MR. DEEPAK R SHAH for Appellant(s) : 1, Mr. Manish Bhatt, Sr. Advocate with MRS MAUNA M BHATT for Opponent(s): 1, CAV ORDER (Per: HONOURABLE MS JUSTICE SONIA GOKANI) 1. The appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,09,323/-. 4. Being aggrieved by such assessment, the matter was carried to CIT(Appeals) by the Company. CIT(Appeals) allowed the appeal of assessee with regard to all the three counts. It held that the Assessing Officer did not find any defect from the books of account of appellant which were subjected to tax audit and no defect also could be pointed in the audit conducted by the Central Excise Department. Considering the facts that no evidence has been brought out by the Assessing Officer for unaccounted sales or production and thirdly since this was the first year where the company was undergoing trial or error in the process, the addition with regard to burning loss claimed by the appellant to the tune of Rs.3,51,70,869/- was not foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urged that twin requirements needed to be fulfilled for the purpose of following Section 145 are namely that the accounting standard is not followed or the correctness, or completion of account is in serious doubt. In the instant case, neither the purchase is doubted, nor there is rejection of book results, and therefore, the order needs to be set- aside. 7. Per contra learned counsel Mr.Manish Bhatt urged the Court that the entire issue is dealt with appropriately by the Tribunal. It has also given sufficient reasons for arriving at such a conclusion therefore and, no interference is called for, unless there is substantial questions of law arising here. 8. Having due regard to the submissions and having considered the materials on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eating up of the crucible/furnace and not an ingredient of the raw-material purchased for manufacturing of finished-goods. Out of such Aluminum Scrap which is full of impurities, the finished-good as per assessee's manufacturing process is Aluminium metal in various shapes. Therefore, the Hard-Coke cannot be said to be the raw material used for the direct production of metallic finished goods. The weight wise consumption of Hard Coke can altogether be a separate area of investigation to be adjudged separately but not to be mixed-up with the production activity. As a result and for the reasons examined herein above so as to maintain the consistency in the book results of this very assessee, as also to keep in mind the pilferage, which ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stimated figure of 30% for the year under consideration. Although, the Tribunal has not, in so many words, doubted the book results, nor it had rejected the book results, but at the same time, it has taken into consideration overall picture of burning loss of subsequent years and computation of deduction by the audit of percentage of Hard Coke so as to conclude the estimated figure of 30% of burning loss instead of 38.39%. 11. We are of the opinion that in the aforementioned circumstances, it would not be necessary for the Tribunal to hold in so many terms that it does not accept the book results nor is it required of this Court in the Appeal u/s 260-A of the Income Tax Act, 1961 to scrutinize the facts when there is no question of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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