2009 (10) TMI 34

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....pondent department has not taken any ground in appeal before the Hon'ble Tribunal that the Ld.CIT(A) was not justified in arriving at the conclusion that no case is made out for rejection of account u/s.145(2)? ii) Whether the Hon'ble Tribunal was legally justified in arriving at the conclusion that the yield shown by the assessee is definitely low inspite of the supervision and inspection by two Government department, i.e., Forest Department and Industries Department by whom the periodical checks were being conducted and certified to be as such as shown by the assessee? iii) Whether the assessee was right in using the high yield stumps during the earlier period of the contract and the stumps which contained low oil at the later time ....

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....he Assessing Officer held that the yield percentage could not have been less than 4% and thereby made addition of Rs.13,22,292/-. Some other additions on account of foreign travel expenses was also made. The assessee filed an appeal before the Commissioner, Income Tax, Shimla. The appeal was allowed in respect of the aforesaid three items and in respect of foreign travel, the disallowance on account of personal expenses were ordered to be restricted to 30,000/-. The revenue filed an appeal before the Income Tax Appellate Tribunal. The Tribunal upheld the order of the CIT (Appeals) where she had disallowed the addition of Rs.2,84,832/-, Rs.14,02,080/- and Rs.7,49,475/-. However, it set-aside the order of the CIT (A) in respect of the addi....