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2017 (8) TMI 375
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....e-tax Appellate Tribunal has not acted illegally and perversely and has not grossly erred in deleting the additions on account of excessive wastage which was rightly and on the basis of record restricted to 25 per cent. by the Assessing Officer ? (2) Whether in the facts and circumstances of the case the Income- tax Appellate Tribunal has not acted illegally and perversely and has not grossly erred in overruling the decision of the Commissioner of Income-tax (Appeals) and the Assessing Officer regarding rejection of books of account invoking provisions of section 145(3) of the Act ? (2) D. B. Income-tax Appeal No. 65 of 2009 (1) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely in deleting the additions under section 69C on account of difference in the closing stock of finished goods and work-in-progress as well as deleting the additions on account of non-genuine expenditure ? (2) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has grossly erred in deleting the additions on account of excessive wastag....
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....e facts and in the circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has grossly erred in deleting the additions on account of excessive wastage which was on the basis of record restricted to 25 per cent. by the Assessing Officer ? (2) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has not grossly erred in overruling the decision of the Assessing Officer and the Commissioner of Income-tax (Appeals) regarding rejection of books of account invoking provisions of section 145(3) of the Act ? (7) D. B. Income-tax Appeal No. 65 of 2014 (1) Whether in the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has grossly erred in deleting the additions on account of excessive wastage which was on the basis of record restricted to 25 per cent. by the Assessing Officer ? (2) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has not grossly erred in overruling the decision of the Assessing Office....
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....xpertise in the related field ? (2) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has not grossly erred in overruling the decision of the Assessing Officer regarding rejection of books of account invoking provisions of section 145(3) of the Act ? (10) D. B. Income-tax Appeal No. 198 of 2016 (1) Whether in the facts and circumstances of the case, the Income-tax Appellate Tribunal has acted illegally and perversely and has grossly erred in deleting the entire additions of Rs. 1,66,43,028 on account of unaccounted production made by the Assessing Officer without appreciating that the estimation of wastage made by the Assessing Officer on the basis of report of CGCRI which is an independent agency having expertise in the related field ? (2) Whether the Income-tax Appellate Tribunal was justified in confirming the decision of the Commissioner of Income-tax (Appeals) deleting the trading addition despite of the fact that during the survey proceeding and assessment proceeding many inconsistencies were noticed ? (3) Whether in the facts and circumstances of the case, ....
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....300 and stone ware temperature is 9500. Therefore due to high temperature the percentage of breakage is more in bone china crockery in comparison to stoneware crockery. (vi) Temperature range in stoneware crockery is 500 centigrade and bone china crockery is 100 centigrade. (vii) In view of the above the production and breakage of bone china and stoneware can never be same. Therefore, the yield of output will differ as compared to our sister concern M/s. Bharat Potteries Ltd. The comparison of our yield with M/s. Bharat Potteries Ltd. is not justified. The difference in yield is only of 6.19 per cent. and no 21.44 as pointed out by you in your show-cause notice. Therefore there is no question of unrecorded production." 3.1 He has also taken us to the order of the Commissioner of Income- tax (Appeals), para 3.4 of which reads as under (Portion in vernacular not printed here. Ed.) : 3.2 Taking into consideration he contended that the view taken by the Assessing Officer is correct even at the most even assuming but not admit ting, if it is taken to be correct, it cannot travel beyond reasoning adopted by the Tribunal. 4. Counsel for the respondent h....
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....2 Unloading of ball mill 1-2 Sieving of glaze slip 2-3 Transportation storage of glaze slip 1-2 Washing of utensil used for glaze slip 4-5 4. Fabrication of wares Cutting scrap from jiggering and rolling machine 10-11 4-5.3 Casting of handling, cutting and finishing 6-8 Handle joining in the mug 4-5 Drying 1-2 Water finishing 2-3 Transportation during different process of fabrication 2-3 5. Biscuit firing Loading of the ware of kiln car 1-2 2-3 Unloading of the ware from kiln car 1-2 Cracks due to defects 3-4 Breakage due to miss handling during transportation. 3-4 6. Reaction loss Firing loss due to molecular water, carbon, carbonates, phosphorous, un-burnt fat material, etc. 9-10 9-10 7. Glaze ap....
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....4 before the Assessing Officer and similarly the output/input ratio has also been explained before the Assessing Officer through the same letter and the Assessing Officer has not commented upon the same and has not found out any defect in our explanation. The assessee has also filed before the Assessing Officer the following documents/publications to support the wastage declared by the assessee is reasonable and according to the standard practice adopted in the country as under : 1. C.G.C.R.I., Khurja (PB No. 13 to 1) 2. Publication of articles in white wares (P.B. No. 18) 3. Photocopy of hand book of Ceramics-Volume 2 (Editor S. Kumar) showing typical composition of bone china. 4. Photocopy of the Chapter 5 of stoneware in the books published by the Institute of Materials (P.B. No. 21 to 22). In the report of CGCRI, Khurja, (refer P.B. No. 17), the waste worked out to 28.31 per cent. to 38.7 per cent. interest the bone china crockery and in the case of stoneware crockery it worked out to 24 per cent. to 34.8 per cent. We agree with the arguments of the learned authorised representative that the main objection raised by the Asse....