2011 (11) TMI 426

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.... ORDER Satish K. Agnihotri, J. - The instant appeal is preferred by the Revenue against the order dated 17.09.2009 passed by the Income Tax Appellate Tribunal, Bilaspur Bench, Bilaspur (for short 'the Tribunal') in I.T.A No. 22/BLPR/2009. 2. The appeal of the Revenue was admitted on the following substantial questions of law: "Whether the ITAT was right in upholding the order of CIT....

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....losed at Bhatapara by other assessees. The difference of NP 2.21% worked out for Rs. 20,62,465/- was added back to the assessee's income, vide assessment order dated 31.10.2008. 4. Being aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) {for short the CIT(A)}. The CIT(A), by order dated 10.03.2009, held as under: "3.2. The AO did not point out any specif....

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....istake and had further not pointed out any defect. Thus, the order passed by the CIT(A) was upheld and the appeal filed by the Revenue was dismissed. 6. We have perused all the documents produced before this Court. We found that it is purely a question of facts and the CIT(A) as well as the Tribunal have rightly recorded that the AO, without pointing out any specific mistake in the books of acc....

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...., or when the evidence has been misread. (See Madan Lal v. Gopi, Narendra Gopal Vidyarthi v. Rajat Vidyarthi, Commr. of Customs v. Vijay Dasharath Patel, Metroark Ltd. v. CCE and W.B. Electricity Regulatory Commission v. CESC Ltd.)". 8. This Court, in CIT v. Shri Mangalchand Parekh, [IT Appeal Nos. 16 & 17 of 2004, dated 17-10-2011] GE Road, Rajnandgaon 2, observed as under: "30. In view of ....