2014 (1) TMI 1872

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....act that the Ld. A.O. has simply relied on the information giving by the Sales tax department without giving his own findings and applying his own mind. Hence the reopening is bad is law and liable to the quashed. Natural justice violated 2. The Ld. CIT(A) erred in relying on the documents and evidences obtained on the back of the assessee without giving any opportunity to rebut the same. As the principles of natural justice are grossly violated, the order may be quashed. Rejection of books 3. The Ld. CIT(A) erred in rejection of books of accounts, without appreciating the fact that the books and all the documents/papers were not at all available with the Assessee and were in custody with the CBI, and further the Ld. CIT(A) fail....

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....pressed sales 9. The Ld. C1T(A) erred in confirming the addition of Rs. 10,06,470/- being profit earned on sale of unrecorded purchased, without appreciating the fact that, there is no suppressed sale and further books and documents were with the CB1. Addition of profit on account of sale in local market 10. The Ld. CIT(A) erred in confirmed the addition of Rs. 2,09,30,565/- by assuming that 69,76,855 litres were sold in local market at a margin of Rs. 3 per litre. The addition is based on assumptions and surmises, without: any basis or evidences. 11. Without prejudice to above, the Ld. CIT(A) failed to appreciate the fact that the addition of G.P. has already been estimated, and hence separate addition for alleged sale of local....

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....of principles of natural justice. The CIT(A) also erred in rejecting books of accounts, without appreciating the fact that the books and all the documents/papers were not at all available with the assessee and were in custody of the CBI, and alternatively submitted that the CIT(A) failed to appreciate the fact that the Assessing Officer has not pointed out any specific defects in the books of accounts. The CIT(A) also failed to adjudicate ground No.6 to 15 which were on the merit. The CIT(A) also erred in confirming the addition of Rs. 2,40,22,290/- being alleged sales tax evaded as per the Sales tax department. It was also pointed that the sales tax is sub judicious before concerned sales tax tribunal. The Assessing Officer has not justifi....