TMI Blog2003 (4) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... eclared grinding loss at 14.30 per cent. which was accepted by the Department as such under section 143(1) – Revenue’s appeal dismissed - I. T. A. No 239 of 2002. - - - Dated:- 8-4-2003 - Judge(s) : D. K. JAIN., MADAN B. LOKUR JUDGMENT The judgment of the court was delivered by D.K. Jain J.- This appeal by the Revenue under section 260A of the Income-tax Act, 1961 (for short "the Act"), is directed against order, dated March 19, 2002, passed by the Income-tax Appellate Tribunal, Delhi Bench, New Delhi, in I.T.A. Nos. 1518/Del/1997 and 2611/Del/1997, pertaining to the assessment year 1993-94. The following questions have been proposed as substantial questions of law: "(a) Whether the Income-tax Appellate Tribunal was correct in l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the addition at Rs. 15 lakhs to "plug the possibility of leakage and pilferage". Resultantly, the assessee got relief of Rs. 88,12,267. The assessee as well as the Revenue carried the matter in further appeals to the Tribunal. By the impugned order, the Tribunal has deleted the entire addition made by the Assessing Officer. Hence the present appeal. We have heard Ms. Premlata Bansal, learned senior standing counsel for the Revenue, and Mr. C.S. Aggarwal, learned counsel for the respondent-assessee. It is strenuously urged by Ms. Bansal that the findings recorded by the Tribunal are perverse inasmuch as it has tailed to take into consideration the material brought on record in the Assessing Officer while making the aforenoted addition. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts have again been made under section 143(3) of the Act. These facts are not disputed by learned senior standing counsel for the Revenue. In the light of the aforenoted facts, we feel that the Tribunal was justified in holding that the Revenue should not have taken a different view in so far as the present assessment year was concerned. As observed by the apex court in Radhasoami Satsang v. CIT [1992] 193 ITR 321, though the principles of res judicata do not apply to income-tax proceedings, particularly when each assessment year is an independent unit, where a fundamental aspect permeating through the different assessment years has been found as a fact one way or the other and parties have allowed that position to be sustained by not chal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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