TMI Blog2017 (1) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... ier years, which also came to be considered by the learned Tribunal. - Decided against revenue - TAX APPEAL No. 2291 of 2010 - - - Dated:- 17-1-2017 - M.R. SHAH AND MR. B.N. KARIA, JJ. FOR THE APPELLANT : Mr PRANAV G DESAI, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE Mr. JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14th May 2010 passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot in I.T.A No. 1177/Rjt/2009 for A.Y 2006- 2007, the Revenue has preferred the present Tax Appeal with the following proposed question of law : Whether the Appellate Tribunal is right in law and on facts in deleting the addition made by the Assessing Officer on account of suppre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... By the impugned judgment and order, the learned Tribunal dismissed the said appeal, confirming the order passed by the learned CIT [A] deleting the aforesaid addition on suppressed sales. 5. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Tribunal, the Revenue has preferred the present Tax Appeal with the following proposed question of law : Whether the Appellate Tribunal is right in law and on facts in deleting the addition made by the Assessing Officer on account of suppressed sales and whether the order of Appellate Tribunal is perverse ? 6. Shri Pranav G. Desai, learned counsel appearing on behalf of the Revenue has vehemently submitted that in the facts and circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be noted that while making the additions on account of suppressed sales arrived on the basis of consumption of various raw materials cum production ratio, the Assessing Officer as such considered the figures of raw materials consumed during A.Y 2005-2006 and thereafter due to decline in the gross profit, the Assessing Officer made addition on account of suppressed sales. 8.1 It is also required to be noted that similar addition was made in the earlier years ie. , AY 2004-2005 and AY 2005-2006 which reached upto the Tribunal and the learned Tribunal confirmed the order passed by the CIT [A] deleting the additions made on suppressed sales. The order passed by the learned Tribunal in the earlier years has been considered by the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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