2010 (4) TMI 1217

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....RDER PER BENCH This appeal filed by the Revenue arises out of order of the Ld. CIT(A)-I, Bhopal, dated 23.10.2006, for the assessment year 2000-01. 2. We have heard both the parties and have also perused the material available on record. 3. Ground no. 1 reads as under :- "On the facts and in the circumstances of the case, the Ld. CIT(A) erred in holding that A.O. had wrongly assu....

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....t. On this basis, the A.O. reopened the original assessment. The A.O., thereafter, made an addition of Rs. 1,62,42,450/- after computing the production of Beer as per the methodology prescribed in such manual, which could have been against what was declared by the assessee. Aggrieved by this, the assessee carried the matter into appeal before the ld. CIT(A), on the ground that the assumption of ju....

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.... of Shri Arjun Singh vs. ADIT, as reported in 246 ITR 363, (MP) and Phoolchand Bajranglal as reported in 203 ITR 456 (S.C.). Aggrieved by this, the Revenue is in appeal before us. 6. The ld. CIT DR narrated the facts and contended that Kerala State Excise Manual was a case of information coming to the knowledge of the A.O. subsequent to making of original assessment and it was a settled judicia....

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....nual is a general information and, therefore, it is a case of pretence and reasons to suspect only. In this view of the matter, we hold that the Ld. CIT(A) has rightly quashed the assessment proceedings. Thus, this ground of the Revenue is dismissed.\ 10. In ground no.2, the Revenue has challenged the decision of Ld. CIT(A) on merits as well. However, having considered the submissions made by b....