9911796707
TMI Blog2014 (2) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... eal by the assessee is directed against order of the learned CIT(A)-III, Baroda dated 14th November, 2008 for assessment year 2002-03 in Appeal No. CAB/III- 198/07-08, sustaining the addition made by the AO to the extent of Rs.4,07,479/- in respect of unaccounted production and profit on unrecorded sales. 2. Briefly, the facts of the case as noted by the learned CIT(A) are that addition of Rs.5,2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the above findings of the learned CIT(A), the assessee is in appeal before us. 4. The learned AR for the assessee submitted that the AO has made the addition only based on presumption arising out of the information received from the Central Excise Department without pointing out any documentary evidence regarding unaccounted production and unrecorded sales and that the learned CIT(A) also conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hird Member Bench in the case of ITO Vs Gurubachansingh J. Juneja, 54 TTJ (Ahd) ( TM ) 1 (55 ITD 75 ( TM) wherein it has been held as under: "Conclusion: "Addition of entire unaccounted sales cannot be made as sales is not income and only income by application of G.P. rate can be added; however, where unaccounted sales were computed at a particular figure, CIT(A) was not justified in directing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is evident that the entire addition was made by the Ld.AO based on the findings of the Central Excise Department. The observation of the Excise department was that the assessee had removed goods without payment of excise duty amounting to Rs. 5,18,698/-. Further the assessee could not produce before the Revenue the month wise sale in terms of quantity and value in order to establish the same wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P.Rathi dated 10/02/2012 wherein decision in the case M/s. Vijay Proteins Ltd. Reported in 58ITD 528 is also considered, we are of the considered view that 12.5% margin on such uncounted sale of Rs. 5,18,608/- will suffice to be considered as profit on such uncounted sale where by additions have to be made. Accordingly we hereby sustain an addition of Rs. 64,830/-. It is ordered accordingly. 7. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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