2014 (3) TMI 857

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..... Sri Dhananjay Awasthi, learned counsel for the appellant. This Income Tax Appeal has been filed against the judgement and order of the Tribunal dated 22.9.2009 by which appeal of the assessee was partly allowed and the appeal of the department was dismissed. The Assessing Officer has held that there was surplus wastage and came to the conclusion that the assessee sold outside the books of accou .....

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..... ly given in the audited finaicial statements. The Assessing Officer on the one hand admitted that the purchase from various places were duly incorporated in the books of account maintained at the branch and that the regular stock registers were also kept in the branches werein receipt of Tendu Patta as well as exit of the Tendu Patta was recorded. On the other hand he made the addition by estimati .....

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..... sessing Officer did not point out any suppressed sales so there was no occasion for making the addition. At the same time the learned CIT(A) sustained the addition to the extent of 1/3rd on the basis that similar type of additions were sustained in the earlier year but he ignored this fact that the addition sustained by him in the earlier years were deleted by the Tribunal. In that view of the mat .....

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