2013 (9) TMI 806

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.... of law for our consideration; 1. "Whether the appellate tribunal is right in law and on facts in confirming the order of the CIT(A) in deleting the addition of Rs.86,76,651/- on account of unaccounted production and sale of glass when assessee's own excise records reflected production as well as assessee claimed manufacturing expenses as well as factory wages which was in contradiction to its claim that there was no production during the year?" 2. "Whether the appellate tribunal is right in law and on facts in confirming the order of the CIT(A) in deleting the addition of Rs.80,00,000/- under Section 69C of the Income Tax Act?" 3. "Whether the appellate tribunal is right in law and on facts in confirming the order of the CIT(A) in....

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.... fact it was packing of glass and thus it was considered to be a basic error on the part of the Assessing Officer by the CIT(A). Hence, the addition of Rs.86.76 lakhs (rounded off) on account of sale of unaccounted production was held to be a misunderstanding on his part and accordingly, the amount was deleted. 2.3. When the Department challenged such order before the ITAT, after extensively recording the findings of CIT(A) it confirmed such deletion on the ground that this was a correct appreciation of facts by CIT(A). The issue essentially is in the realm of facts and there being no perversity in deletion of such amount by both the revenue authorities concurrently, we see no reason to interfere. 3. So far as the addition of sum of R....

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....ue. 4. So far as the third question is concerned, it touches the addition made by the Assessing Officer on the ground that no details were furnished by the assessee. Out of the total manufacturing and other expenses of Rs.50.42 lakhs for want of necessary details, this amount was added. 4.1. The CIT(A) when was approached by the assessee, it held that the audited accounts were available with regard to the expenses claimed by the assessee and in absence of any adverse comment by the auditors, no disallowance, out of such expenses, should be made. Again, CIT(A) was also of the opinion that unless there are cogent reasons available whenever the Assessing Officer would question the genuineness of such expenditure, amount deserves deletion....