TMI Blog2022 (12) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... iscellaneous receipt that there is no suppression of reporting of any income element on account of refund of empty bottles which formed the basis for the reassessment. Considering the facts on record, and the statutory requirement under the order of Excise Department, Govt. of West Bengal referred above, we hold that the addition made by the Ld. AO is to be deleted. Accordingly, ground taken by the assessee is allowed. - ITA No. 288/Kol/2022 - - - Dated:- 25-11-2022 - SHRI SANJAY GARG , JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL , ACCOUNTANT MEMBER Appellant by : Shri R. N. Ram, AR Respondent by : Shri Vijay Kumar, Addl. CIT, Sr. DR ORDER PER GIRISH AGRAWAL , ACCOUNTANT MEMBER : This appeal filed by the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.5/- per bottle is refunded to the assessee making the profit element as zero. 4. That the appellant craves leave to alter amend or substitute any ground grounds before or at the time of hearing of appeal. 4. Brief facts of the case are that assessee is engaged in the business of retail sale of country spirit and foreign liquor. Original return of income was filed on 09.09.2014 reporting total income of Rs.4,21,467/- assessment of which was completed u/s. 143(3) of the Act. The case was selected for reassessment by issuing and serving the notice u/s. 148 of the Act on 21.03.2018. In response to the said notice, assessee furnished its return reporting the same income of Rs.4,21,467/-. In the course of reassessment proceedings, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Ld. CIT(A). 6. Ld. CIT(A) has reiterated the observations made by the Ld. AO and has concluded to dismiss the appeal by noting that he is not inclined to interfere with the findings of the AO in the reassessment proceeding for which no cogent and plausible reasoning has been given. Aggrieved, assessee is in appeal before the Tribunal. 7. Ld. Counsel for the assessee has placed on record a written submission along with paper book containing 26 pages. Ld. Counsel for the assessee submitted that it has received a credit of Rs.11,91,270/- on account of empty bottles from Asansol Bottling IFB Agro. It has also received a discount of Rs.1,00,025/-. He further stated that considering the nature of business in which the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t amount as miscellaneous receipt in its P L Account and offered the same for taxation in its return of income. It is also noted that the Excise Department of Govt. of West Bengal had issued an order dated 29.12.2008 vide no. 1142-EX wherein it is stated that the refundable price of empty bottles in which country spirit of different quantities is supplied in capsule and labelled bottles shall be as follows throughout the State : Refundable Pride of one bottle containing 600 ml. (Rs.) 5.00 300 ml. (Rs.) 4.00 11. Evidently, ld. Counsel has demonstrated from the ledger account of miscellaneous receipt that there is no suppression of reporting of any income elemen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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