2013 (6) TMI 664

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Sanjay Arora, A. M. This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-21, Mumbai ('CIT(A)' for short) dated 14.07.2011, dismissing the assessee's appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the assessment year (A.Y.) 2008-09 vide order dated 10.11.2010. 2. The assessee is a company....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....res were purchased, commissioned and then put to use within a period of two days. In appeal, the assessee submitted commissioning certificates in respect of the machines supplied to it by a Chinese vendor, as per which the trial run on these machines was carried out on 19.02.2008, 21.02.2008, 25.02.2008, 22.03.2008 and 23.03.2008. However, the appellant could not explain as to how, when the trial ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... back in February, 2008, how is it that the machinery stands actually purchased on the last two days of the year, as stated by the A.O., and which would only be on the basis of the purchase bills of the machinery produced before him as well as the assessee's accounts. Their date of delivery would also be borne out by the assessee's records. In fact, another aspect of the matter which is quizzic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e first appellate authority that the production would only be accompanied by payment of excise duty. In the facts and circumstances of the case, we, admitting the same, restore the matter back to the file of the assessing authority for a de novo examination of the matter, adjudicating the same afresh per a speaking order in accordance with law and after affording the assessee a reasonable opportun....