2011 (2) TMI 1479 - AT - Income Tax

Summary

Issues involved: Appeal against order of Commissioner of Income Tax (Appeals) regarding addition made on account of suppression of production due to oil gain, difference in stock of raw materials, and excess consumption of electric power.

Issue 1: Suppression of production due to oil gain
The Assessing Officer made an addition to the income of the assessee based on the oil gain rate of another company, despite the assessee's explanation that technological advancements had reduced oil consumption. The Commissioner of Income Tax (Appeals) deleted the addition, noting lack of evidence supporting the Assessing Officer's view and the absence of confrontational details regarding other cases. The Tribunal upheld the decision, emphasizing the lack of proof of oil gain by the assessee and the failure to confront comparable cases to the assessee.

Issue 2: Suppression of production due to difference in stock of raw materials
The Assessing Officer added an amount to the income of the assessee due to unrecorded production based on discrepancies in raw material stock. The Commissioner of Income Tax (Appeals) deleted the addition, accepting the explanation provided by the assessee and considering the return of goods. The Tribunal affirmed the decision, finding no discrepancy in the explanation and no justification for presuming suppression of production.

Issue 3: Suppression of production due to excess consumption of electric power
The Assessing Officer added an amount to the income of the assessee for unrecorded production based on electricity consumption rates. The Commissioner of Income Tax (Appeals) deleted the addition, citing the variability of electricity consumption in production processes. The Tribunal agreed with the decision, noting the lack of evidence supporting the Assessing Officer's calculations and the speculative nature of the addition.