TMI Blog1996 (10) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... e. During the assessment year 1972-73, it had exploited Tandai forest and launched 33,673 pieces of timber in the river out of which 31,321 pieces were shown as recovered. The river loss claimed by the assessee was 7 per cent. (2,352 pieces). The assessing authority did not agree with the contention of the assessee regarding river loss and reduced the river loss from 7 per cent. to 4 per cent. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellate authority and deleted the addition of Rs. 33,650 made by the Appellate Assistant Commissioner. A reference petition filed by the Revenue was dismissed by the Tribunal but pursuant to an order dated August 23, 1980, passed by this court in I. T. C. No. 48 of 1976, the Tribunal referred the following question for the opinion of the High Court: " Whether, on the facts and in the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the record of the case we find substance in the argument of Shri Mahajan that the order passed by the Tribunal suffers from a patent illegality. It is borne out from the record that the assessee had made two launches of 57,716 pieces on November 19, 1970, and 24,034 pieces on January 21, 1971. The first launching was received during the year 1972-73 whereas the second launching was received i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim of the assessee for deduction of the loss to the tune of 7 per cent. In our opinion, the order passed by the Tribunal suffers from a patent illegality because it not only failed to examine the legality and correctness of the order passed by the assessing authority as well as the appellate authority but decided the case only on the basis of conjectures. The order passed by the appellate authori ..... X X X X Extracts X X X X X X X X Extracts X X X X
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