2013 (5) TMI 468

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....ER Per Sanjay Arora, A.M. This is an Appeal by the Revenue arising out of the Order by the Commissioner of Income Tax (Appeals)-19, Mumbai ('CIT(A)' for short) dated 01.12.2011, partly allowing the assessee's appeal contesting its assessment for the assessment year (A.Y.) 2002-03 u/s.144 r.w.s. 147 of the Income Tax Act, 1961 ('the Act' hereinafter) vide order dated 31.12.2009. 2. Before ....

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....e parties, and perused the material on record. 3.1 The issue under reference concerns an abiding issue for five assessment years, i.e., from AY 2000-01 to AY 2004-05, both in the case of the assessee as well as its' sister concern, Boon Industries (supra), which stands decided by the tribunal in favour of the assessees, holding that mere disparity in the consumption of electricity could not be ....

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....uction depends upon various factors and any addition made to estimate suppressed sales, on the basis of consumption of electricity, deserves to be deleted since it has no scientific basis. On a conspectus of the matter we are of the view that the addition made by the Assessing Officer, as sustained by the CIT(A), deserves to be set aside." 3.2 The first appellate authority in the instant case h....

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.... his order and as no distinguishing facts have been brought on record by the Ld. Departmental Representative, we do not find any reason to interfere with the findings of the Ld. CIT(A)." 3.3 As afore-stated, for the current year also no distinguishing feature has been brought on record by the Revenue or otherwise brought to our notice by the ld. DR, so as to impugn the reliance by the ld. CIT (....