TMI Blog2016 (2) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 24,143,676/- only on the basis of a working submitted on behalf of the assessee during the assessment proceedings. The ld. CIT(A) further held that as the assessee had pleaded clerical error, the AO was not justified in making the addition only on the basis of closing stock summary submitted by the ld. AR of the assessee and supposedly drawn up by the office accountant while ignoring th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leting the addition of ₹ 2,76,21,682/- made by the AO, by following the order of 1TAT Delhi whereas the department is in appeal before Hon'ble High Court for A.Y. 1997-98 to 2002-03. 2. On the facts and on the circumstances of the case the Ld. CIT (A) has erred in deleting the addition of ₹ 24,14,676/- made by the AO on account of difference in details of closing stock . 3. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal order [supra] as the issue in question was squarely covered by the decision of the Tribunal in assessee s own case. Accordingly, we find the ld. CIT(A) s order wherein he has followed the Tribunal order dated 31.7.2009 and deleted the addition to be quite in order. Finding no infirmity in the order of the ld. CIT(A), we uphold the same. Accordingly, Ground No. 1 raised by the Revenue stand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the assessee. Aggrieved, the assessee went in appeal before the ld. CIT(A), who deleted the same. Now the Revenue is in appeal before the Tribunal. 7. Before us, the ld. DR reiterated his stand taken before the authorities below. The ld. DR relied on the orders of the assessing authority and submitted that the ld. CIT(A) was not justified in giving relief to the assessee. 8. Having hear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ld. CIT(A) concluded that no reliable material forms the basis of the addition of ₹ 24,14,676/- and the same deserves to be deleted. We find that the ld. CIT(A) was correct in arriving at the conclusion and finding no infirmity, we uphold the same and dismiss Ground No. 2 raised by the Revenue. 9. In the result, the appeal of the Revenue stands dismissed. The order is pronounced in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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