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TMI Blog2014 (12) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... . 13.12.2010 of the CIT(A), Raipur, Assessing Officer(AO)has raised following Grounds of Appeal: 1. Whether in law and facts and circumstances of the case the CIT(A)was justified in deleting the addition of Rs. 67,73,700/-made by the AO on account of lower rice yield shown by the assessee. 2. The order of the ld. CIT(A)is erroneous both in law and on facts. Assessee, engaged in the busines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short yield of rice which came to 5%(66%-61%), for which the quantity worked out to 6740 Qtl, that the assessee has diverted the 6740 Qtl. of rice to broken rice. The AO calculated the difference between the rates of rice and broken rice at Rs. 1005 per Qtl. and made an addition of Rs. 67. 73 lakhs. 3. Aggrieved by the order of the AO the assessee filed an appeal before the First Appellate Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout yield, that he also did not considered the percentage of yield of past three years submitted by the assessee, that the past records of the assessee were best guide to know gross profit, that the AO only presumed the percentage yield on surmise and conjucture, that addition was result of wild guess work. Finally, he deleted the addition. 4. Before us, Departmental Representative(DR)supported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to why the reply was not acceptable. Once the assessee had made submission about the FCI Web site it was duty of the AO to give a clear finding about it, but he chose to remain silent about it. He had the case records of the assessee of earlier assessment years and he could have easily found as what was the yield for those years. Without referring to the statistics available with him, the AO mad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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