2015 (3) TMI 404

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....n Mr.Ruchir Bhatia, Advs. ORDER 1. Issue notice. 2. Mr.Rohit Madan, Advocate accepts notice on behalf of the Revenue. 3. With the consent of the parties, matter is finally heard. 4. The question of law urged in this appeal is "Whether the ITAT and the lower authorities fell into error in rejecting the appellant/assessee's accounts on the footing that quantitative tally of the ingred....

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....ate Tribunal (ITAT) on the assessee's further appeal refused to grant any relief and confirmed the finding of the lower authority. 6. The assessee argues that the AO and other authorities fell into error in not taking into consideration that quantitative tally of ingredients and raw material was available in the records. It is contended that the AO's opinion was influenced by the fact that the ....

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....e tally of the raw materials was not maintained in the assessee's books. 7. Counsel for the Revenue contested the asessee's submissions by pointing out that by two appeals the assessee's contention was rejected after due consideration of material on record. Learned counsel highlighted that before the AO, the assessee had contended that due to family problems, the total turn-over for the current....

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.... is of the opinion that having regard to the assessee's stand that such details were forthcoming both by way of books as well as through a quantitative tally, the CIT (Appeals) should have addressed himself to the issue and rendered clear findings. Failure to have done so has prejudiced the assessee. Consequently, the impugned order is hereby set aside. The matter is remitted back to the CIT (Appe....