TMI Blog2015 (4) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... We are of the view that the order of the authorities below should be sustained but if the appellant is able to prove that tax on the income generated from the sale of the aforesaid 32809 Kg. of material has been paid by M/s Ashish Agro Plast Private Limited, benefit thereof should be extended to the appellant. For this purpose, therefore, we remand the case back to the assessing authority, who shall give an opportunity to the assessee to demonstrate as to whether the sister concern has already paid the tax on the aforesaid income from the aforesaid sales and if that is shown, to the extent tax is paid, benefit shall be accorded to the appellant. - Decided in favour of assessee by way of remand. - CIVIL APPEAL NO. 1509 OF 2004 - - - D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly shown to be that of the assessee. On this plea taken by the assessee, in support of which some documents / materials were also filed, the Commissioner (Appeals) asked for remand report from the assessing authority. Before the assessing authority, the representatives of assessee were asked to produce the books of accounts of M/s Ashish Agro Plast Private Limited for the assessment years 1993-1994 and 1994-1995. It was found that the sales of the finished product of 32809 Kg. as shown in the sales register of the sister concern tallies with the impounded stock register. It was also found that the sales proceeds was received by the sister concern, namely M/s Ashish Agro Plast Private Limited through its bank account in Bank of Baroda, Dud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is clear from the above that leave was granted limited to the question as to whether the addition made on account of aforesaid sale would amount to double taxation. To put it differently, the submission of the learned counsel for the appellant is that on the aforesaid sales, which are found in the accounts of M/s Ashish Plastic Industries, the receipts are shown as income on which tax has been paid by M/s Ashish Agro Plast Private Limited. During the hearing of this appeal, learned counsel submitted that he can bring satisfactory evidence in support of this plea. We are of the view that the order of the authorities below should be sustained but if the appellant is able to prove that tax on the income generated from the sale of the af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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