2013 (4) TMI 43

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....e facts are common in all the appeals, we may record them as emerging from the record of Tax Appeal No. 2454/2010. Revenue is in appeal against common judgement of the Tribunal dated 7.5.2010 raising following question for our consideration: "Whether the Appellate Tribunal is right in law and on facts in deleting the enhancement made by the CIT(A) by taking deficit in the yield at 9.1% to 9.5%, a....

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....the process of production carried out by the survey party where the wastage worked out to be 8.46%. Assessee carried the matter in appeal. CIT(Appeals) exercising suo motu powers enhanced the additions under same heading. He estimated the process loss lower than that was accepted by the Assessing Officer and made further additions for all the years under consideration. 3. Assessee carried the mat....

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....of Rs.31.39 lakhs (rounded off) which was also reflected in books of account. Thus fundamentally Tribunal was of the opinion that work out adopted by the Assessing Officer and framed by CIT (Appeals) suffered serious defects. Next ground adopted by the Tribunal was that the Assessing Officer made estimation without rejecting the book results of the assessee. Tribunal was of the opinion that Asse....

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....tire material and come to the conclusions which are purely factual in nature and based on evidence on record. Ground that Assessing Officer could not have made additions without rejecting the book results was only one of the main grounds adopted by the Tribunal for allowing the assessee's appeal. Further as already noted the Tribunal found that the Assessing Officer and CIT(Appeals) both had commi....