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TMI Blog2020 (4) TMI 332X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal') in ITA No. 3340/Ahd/2014, by proposing the following two questions, stated to be the substantial questions of law: "(A) Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) in deleting the addition made on account of unaccounted sales of Rs. 2,98,78,393/-? (B) Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) in deleting the addition made on account of power and fuel expenses of Rs. 23,76,828/-?" 2. The assessment year is 2010-11 and the relevant accounting period is the previous year, 2009-10. 3. Insofar as proposed question (A), which relates to addition made on account of unaccounted sales of Rs. 2,98,78,393/- is concerned, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der, it has been recorded that there was fall in gross profit rate in comparison to the preceding year and that the assessee could not produce details of purchase of raw material and increase in cost of per unit raw material over the preceding year. It was submitted that the assessee not having maintained the stock register, the Assessing Officer was justified in making the addition in question and that the Commissioner (Appeals) was not justified in reducing the amount of addition and the Tribunal was not justified in confirming the order passed by the Commissioner (Appeals). 3.2 A perusal of the order passed by the Commissioner (Appeals) reveals that he has recorded that the Assessing Officer has not pointed out any defects in the books ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciating the material on record. The finding of the Commissioner (Appeals) is basically a finding of fact, to which, the Tribunal has concurred. Under the circumstances, the conclusion arrived at by the Tribunal being based upon a concurrent finding of fact recorded after appreciating the material on record, cannot be stated to give rise to any question of law. 4. As regards proposed question (B) which relates to deleting the addition made on account of power and fuel expenses of Rs. 23,76,828/- during the course of assessment proceedings, the assessee had debited total power and fuel expenses of Rs. 73,44,543/- which included power and fuel related store items of Rs. 23,76,828/-. The assessee, however, could not explain the purpose of gas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in the preceding year, the assessee was not following proper method of accounting and claiming expenses for its benefits. The Assessing Officer has observed that in the preceding years, stores and spares of Rs. 29,94,274/- were transferred to CWIP - R&D expense. The Commissioner (Appeals) further found that the Assessing Officer has not given any reasons for making such a huge disallowance, nor had any bogus claims been proved nor was it proved as to why those store items were to be transferred to CWIP - R&D expenses. The Commissioner (Appeals) was of the view that merely because some items in the preceding year were debited to the CWIP - R&D, it does not indicate that the same nature of the expenditures had been incurred in the year und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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