2011 (3) TMI 79 - HC - Income Tax

Unaccounted production - Claim of wastage - The Tribunal has found that there is varying wastage in the earlier assessment years - It has been found that the wastage claimed by the assessee is looking to the previous record of the assessee is reasonable - It has been found that in the subsequent year the C.I.T. (A) had accepted wastage in respect of bead-wires at 2.39% and in respect of valve-bodies at 1.65% for that year - The wastage was 1.65% in the assessment year 1987-88, 0.13% in the assessment year 1988-89 and 0.93% in the assessment year 1989-90 - The Tribunal also found that it is a question of making estimate and allowed wastage of bead-wires and valve-bodies at 2.5% in each case - Thus, do not find any illegality in the impugned finding of the Tribunal - The appeal is dismissed.

Summary

Issues:
1. Legality of confirming relief for unaccounted production of tyres and tubes.
2. Legality of allowing further relief for reasonable wastage claim.
3. Legality of deleting additions without finding on the applicability of section 145(2) of the Income Tax Act.

Issue 1:
The appeal under Section 260-A of the Income Tax Act questions the legality of confirming relief for unaccounted production of tyres and tubes. The Tribunal confirmed relief allowed by the Commissioner of Income Tax (Appeal) for the assessment year 1990-91. The assessing officer made additions due to a claimed higher wastage by the assessee. The Tribunal considered previous years' wastage records and found the claimed wastage to be reasonable. The Tribunal allowed a wastage rate of 2.5% for bead-wires and valve-bodies based on estimates. The Court upheld the Tribunal's decision, stating it was a conclusion of facts, and no substantial question of law arose.

Issue 2:
The legality of allowing further relief for a reasonable wastage claim is questioned in the appeal. The Tribunal considered varying wastage in earlier assessment years and accepted the claimed wastage as reasonable based on the assessee's previous records. The Tribunal allowed a 2.5% wastage rate for bead-wires and valve-bodies, considering estimates. The Court found no illegality in the Tribunal's decision, emphasizing it as a finding of facts, and concluded that no substantial question of law emerged.

Issue 3:
The appeal challenges the deletion of additions without a finding on the applicability of section 145(2) of the Income Tax Act. The Commissioner of Income Tax (Appeal) partially allowed the assessee's appeal, which was further partly allowed by the Income Tax Appellate Tribunal, dismissing the Department's appeal. The Tribunal's decision was based on the reasonableness of claimed wastage and estimates for bead-wires and valve-bodies. The Court upheld the Tribunal's decision, stating it was a conclusion of facts, and dismissed the appeal without costs.

This detailed analysis of the judgment addresses the legality of confirming relief for unaccounted production, allowing further relief for reasonable wastage claim, and the deletion of additions without a finding on the applicability of a specific provision of the Income Tax Act.