2011 (9) TMI 1056

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....ORDER PER HARI OM MARATHA, JUDICIAL MEMBER : These are two appeals of the Revenue in respect of same assessee in which identical issue, arising out of common set of facts, is involved. For the sake of convenience and brevity, we propose to decide both the appeals by this common order. 2. The assessee is a dealer in sanitary wares. For the sake of higher loan limit, the assessee was in the hab....

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....2. The direction reads as under:- "The perusal of the Tribunal orders, preliminarily show that the facts in this year are also identical to other years except that in assessment year 2001-02, there was a survey. But it is not known as to have this is going to make any substantial difference. Yet, to be just and fair, we restore this entire issue to the file of the Assessing Officer to apply the ....

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....A.O. has made similar addition, but the Tribunal for the assessment year 2002-03 has given the following finding:- "Upon a careful consideration of the issue, we find that the authorities below have not detected any mistake or omission in the books of accounts or stock records of the assessee. It is also not the case that bank authorities have verified the assessee's stock in relation to the pos....