TMI Blog2012 (6) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... rodia, This appeal of the assessee is directed against the order of Ld. CIT(A) IV, Surat dated 12.11.2009 for the assessment year 2006-07. 2. The grounds raised by the assessee are as under: 1 . On the facts and circumstances of the case as well as law on the subject, the learned CIT _ (Appeals) has erred in confirming the action of the Assessing Officer in making a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s tribunal decision. 4. Ld. D.R. of the revenue supported the orders of authorities below. 5. We have considered the rival submissions, perused the material on record and have gone through the orders of authorities below and the Tribunal decision in the assessee s own case of the assessment year 200506. In the present year, the additions in dispute are two. The first addition d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We find that no material was brought on record by the Learned Assessing Officer to show, that the assessee had in fact made an oil gain of 1.51% on use of oil in the production of yarn. We-find that the assessee explained that in the case relied upon by the Learned Assessing Officer the assessee had used oil which was 5.12% of the total consumption of yarn whereas in the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsumption of electricity may rise due to hundreds of factors and therefore, no addition is justified. In the present year also, apart from estimating production on the basis of excessive consumption of electricity in the present year as compared to the preceding year, no other adverse material has been brought out on record by the A.O. in support of the allegation regarding unaccounted production. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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