TaxTMI 
TaxTMI 
TaxTMI 
2002 (3) TMI 14
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....the matter involves a short point, it has been taken up for final disposal. The matter pertains to the assessment year 1990-91 for which the appellant had declared on October 21, 1991, a total income of Rs. 1,06,542. The assessment was, however, made on the income of Rs. 3,10,950. An addition of Rs. 2,27,832 was made by the Assessing Officer by that assessment on account of sales of scrap outside the books of account on the ground that the shortage/wastage claimed by the appellant was more than the actual. The Commissioner of Income-tax (Appeals)-XII, Ahmedabad, allowed the assessee's appeal and deleted the addition of Rs. 2,27,832. The Tribunal partly allowed the appeal of the Revenue and sustained the addition to the extent of Rs. 1,50,00....
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....sory manner in which the Appellate Tribunal has brushed aside the order without even verifying the reasons given by the learned appellate officer. "4.3. I have considered the facts and the submission made by counsel for the appellant. The Assessing Officer has obviously made the estimate of shortage on the basis of the shortage held as reasonable in copper in the appellant's case for the assessment year 1989-90 by the Commissioner of Income-tax (Appeals). He has not considered the relevant factors which lead to the short age and whether the shortage in this year of 1.38 per cent. in copper is excessive and if so the reasons for the same. It is an admitted fact, as will be seen from the assessment order, there was no trading in lead and MG ....
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.... process of burning and manually cleaning process. I also agree with the appellant that calculation of shortage criteria should be based on purchases and not on sales. Considering these relevant facts and the evidence produced, I am of the view that the shortage as claimed under various items is neither excessive nor unreasonable." We refrain from commenting on the correctness or otherwise of the order of the Commissioner of Income-tax (Appeals) because, we propose to remand the matter to the Tribunal for re-consideration on the ground that it has committed an error in exercise of its jurisdiction by not calling its attention to the above reasoning given by the Commissioner of Income-tax (Appeals) against whose order the appeal was preferr....