2016 (2) TMI 1111

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....N GARG, JUDICIAL MEMBER This appeal filed by the Revenue is directed against the order of the CIT(A)-XXIII, dated 31/01/2013 passed in first appeal No. 254/11-12 for A.Y 2009-10. 2. The Revenue has raised the following grounds of appeal: "1. On the facts and on the circumstances of the case the Ld. CIT(A) has erred in deleting the addition of Rs. 2,76,21,682/- made by the AO, by fol....

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....he ld. CIT(A), we find that Ground No. 1 raised by the revenue is squarely covered in favour of the assessee and against the Revenue by the consolidated order of the Tribunal dated 10.2.2011 in assessee's own case for A.Y 2008-09. The ld. CIT(A), at para 4 of his order, deleted the addition of Rs. 2,76,21,682/- by following the Tribunal order [supra] as the issue in question was squarely covered b....

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....unt and balance sheet. A mistake was made by the accountant of the concern while filing details on 11.10.2011 before the AO and the AO and the assessee acknowledged the error in his reply dated 16.12.2011. Not satisfied with the explanation tendered by the assessee, the AO added the sum of Rs. 24,12,676/- to the income of the assessee. Aggrieved, the assessee went in appeal before the ld. CIT(A), ....

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....e ld. CIT(A) further held that as the assessee had pleaded clerical error, the AO was not justified in making the addition only on the basis of closing stock summary submitted by the ld. AR of the assessee and supposedly drawn up by the office accountant while ignoring the audit report and audited accounts. The ld. CIT(A) concluded that no reliable material forms the basis of the addition of Rs. 2....