TMI Blog2013 (9) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... Department and the Court Commissioner satisfied the Tribunal with the stocks reported in the inventories. The satisfaction recorded by ITAT, on such reports does not raise any question of law to be considered by the Court. - Income Tax Appeal No. - 104 of 2011 - - - Dated:- 3-9-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Appellant : Shambhu Chopra/Ssc For the Respondent : Swapnil Kumar ORDER 1. We have heard Shri Shambhu Chopra, learned counsel for the appellant. 2. This appeal under Section 260-A of the Income Tax Act, 1961 has been preferred against the judgment and order dated 29.10.2010 passed by the Income Tax Appellate Tribunal in ITA No.340/Ag/2010 for the assessment year 2000-01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking by the departmental authorities on 16.2.2000. Since the search action has been quashed by the Hon'ble High Court, therefore, in our considered view the departmental authorities should not have taken into consideration the stock inventory prepared by the search party on 16.2.2000 but should have taken the stock inventory prepared by Central Excise Department and Court Commissioner. Central Excise Department is a Central Government Authority. Therefore, there should not be any doubt that Central Excise Department has not prepared the stock inventory in a proper manner. Therefore, in our considered view, no addition is warranted on account of excess stock detected by the search party as Excise Department and Court Commissioner has prepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the High Court in which after considering the report of the Court Commissioner, who had also prepared the inventory, the entire search operations were set aside. The Commissioner appointed by the High Court as well as the Central Excise Department are independent authorities. They prepared stock inventory independently in which both the authorities found the stocks at 1,15,482 kg. 7. Even if an illegal search does not vitiate the discovery of incriminating document during search and the department may rely on such material, the findings of fact recorded by ITAT based on the inventory prepared by the Central Excise Department and the Court Commissioner satisfied the Tribunal with the stocks reported in the inventories. The satisfaction r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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