TaxTMI 
TaxTMI 
2013 (10) TMI 372
X X X X Extracts X X X X
X X X X Extracts X X X X
....ay ORDER We have heard learned counsel for the assessee-applicant. Shri R.K. Upadhyay appears for the income tax department. This reference has been made by the Income Tax Appellate Tribunal on the following question of law relevant for assessment year 1989-90:- "Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in sust....
X X X X Extracts X X X X
X X X X Extracts X X X X
....also find from the details given in the paper book, the assessee had shown the utilization of engine scrap for the purpose of production. The total consumption of 744.73 MT includes 79.200 MT of engine scrap and 83.200 MT of spare scraps. The assessee has produced 670250 MT materials and difference between the material consumed and material produced weighing 74.47 MT has been claimed as burning lo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ration of engine scrap 50.16 MT on the basis of weight per engine replaced by the assessee. We find that according to these calculations, the excess scrap consumed in production works out to 29.04 MT, the assessee has not filed any evidence to substantiate his claim that the engines replaced in earlier years have in fact been received by the appellant in the year under consideration. Also no mater....
X X X X Extracts X X X X
X X X X Extracts X X X X
....essee could not file any evidence to substantiate his claim that the engines replaced in earlier years have in fact been received by the appellant in the year under consideration. No other material was brought to show that there was any change in the method of accounting or that the scrap generated by way of replacement was not utilized for production in the earlier years. Shri Piyush Agrawal a....