TMI Blog2014 (6) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... - I.T.A. No. 2751/Del/2012 - - - Dated:- 16-5-2014 - Shri G. D. Agrawal And Shri A. T. Varkey,JJ. For the Appellant : Ms. Sulekha Verma, C.I.T. DR For the Respondent : Shri M. L. Jain, Santosh Agarwal ORDER Per G. D. Agrawal, V. P. The only ground raised by the revenue in this appeal reads as under:- 1. That the CIT(A) erred in law and on facts of the case in deleting the addition of Rs.2,98,48,133/- made by the Assessing Officer on account of gross profit on enhanced turnover of Rs.17,66,04,632/-. 2. The facts of the case are that there was a survey at the assessee s factory premises on 4.9.2003 by Trade Tax Department of Uttar Pradesh. On the basis of such survey, the Deputy Commissioner (Assessment), T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst Appellate Authority. In his order dated 05.03.2012, the First Appellate Authority gave categorical findings that there were no evidence to support enhancement of sales and book results of the appellant were accepted. Thus, the basic edifice on which the addition has been made by the Assessing Officer in assessment under instant appeal does not subsist anymore. The Assessing Officer had not brought any other evidence on record to support the addition despite the fact that a search was conducted in the case of the appellant, which suggests that no adverse material was found during the search against the appellant in this regard. In view of the above position, the addition made by the Assessing Officer cannot be justified and is hereby del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e enhancement of sales is deleted, then there would be no case for the addition of gross profit because the addition under the Income Tax Act has been made solely on the basis of finding of the Trade Tax authority. He will also verify whether the Assessing Officer of the Trade Tax authority had filed any appeal against the order of the first appellate authority and, if so, he will also ascertain whether the order of the first appellate authority after deletion of tax has been reversed or modified by the statutory appellate authority. If it is so, then he will consider the final/latest order of the Trade Tax Authority and thereafter will pass appropriate order in accordance with law. Needless to mention that he will allow adequate opportunit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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