2011 (7) TMI 1222

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....roduction and sales made on account of satisfaction recorded by the Assessing Officer that excessive process loss was claimed by the assessee only to suppress real extent of production ? (2) Whether on the facts and in the circumstances of the case, the Appellate Tribunal has substantially erred in law in directing to allow separate relief under sections 80HH and 80I of the Income Tax Act ?" 2. Assessee company was involved in processing of raw cotton seed oil, groundnut oil, etc. The Company was purchasing raw material from the market and after processing would sale it in the market. The Company was also doing similar job work on behalf of others. Main business of the company was processing cotton seed oil. While undertaking sc....

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....e total oil worth Rs. 1,33,80,333/would have been sold outside the books by inflating the process loss. 3. Against the order of the Assessing Officer, assessee went in appeal. CIT(Appeals) relying on the decision of the same assessee partly allowed the appeal. As held in previous years, CIT(Appeals) in the present year also held that process loss of 2% was reasonable and acceptable. CIT(Appeals) therefore, reduced the additions made by the Assessing Officer from Rs. 1,33,80,333/to Rs. 58,66,659/. 4. Against the order of CIT(Appeals), Revenue as well as assessee both approached the tribunal. The tribunal by the impugned judgement taking into account various materials allowed the assessee's appeal and dismissed the Revenue's app....

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....Profit rate and process loss for several years. It was found that year after year, the Gross Profit rate of the assessee company was increasing. Process loss was fluctuating between a minimum of 1.9% to maximum of 3.05%. The tribunal also observed that the product manufactured by assessee is refined cotton seed oil which is obtained from refining raw cotton seed oil which is in turn obtained from crushing cotton seed by ginning factories. Cotton seed is an agricultural commodity. The quality of cotton seed would certainly impact the raw cotton seed oil and consequently refined cotton seed oil. Quality of raw material would depend on several factors such as rainfall, quality of soil and other such factors. It was also noted that if the raw c....

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....y nature of things, the business of assessee depended on quality of cotton seed oil procured from the market. Such cotton seed oil depending on quality of cotton produced being an agricultural commodity, naturally quality would depend on the seeds used, the technique employed by farmers for production, soil, rainfall, irrigation and so on. In absence of any additional material, only on basis of an isolated answer by one of the Directors of the company, the Assessing Officer could not have come to the conclusion that the process loss was artificially inflated. Tribunal had also relied on certificate given by the supplier of machine who stated that typically the process loss ranges between 2.65% to 4.20%. 11.In addition to above, we also n....