9911796707
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Issues Involved:
1. Telescoping of certain additions. 2. Addition of Rs. 48,90,712 for assessment years 1994-95 to 1997-98 on sale of rakhi. 3. Addition of Rs. 17,26,774 for assessment year 1997-98 on account of excess stock under C & D categories of ash. 4. Rejection of books of account under section 145(2). 5. Addition of Rs. 17,15,145 and Rs. 56,419 from other additions. Issue-wise Detailed Analysis: 1. Telescoping of certain additions: The tribunal noted that Ground No. 11 regarding telescoping of certain additions was general in nature and did not require comments. Therefore, no specific analysis or decision was provided on this issue. 2. Addition of Rs. 48,90,712 for assessment years 1994-95 to 1997-98 on sale of rakhi: The tribunal observed that the Assessing Officer (AO) had rejected the books of account under section 145(2) and proceeded to estimate the income based on the information received from BILT and evidence of sales outside the books. The AO calculated the annual lifting of rakhi at an average rate of 165 MT per day and applied specific rates to work out the income for the said years. The tribunal found that the AO's computation of undisclosed income was based on assumptions and conjectures without concrete material. The tribunal accepted the assessee's contention that 75% of sales were local sales made from BILT and only 25% of cinder ash was removed to the site for screening. The tribunal concluded that the addition of Rs. 48,90,712 was not sustainable and deleted it. 3. Addition of Rs. 17,26,774 for assessment year 1997-98 on account of excess stock under C & D categories of ash: The tribunal noted that the AO had valued the excess stock based on the surveyor's report, which categorized the ash into A, B, and C categories. The assessee contended that there was a separate D category of ash, which was waste material with no value. The tribunal found that the surveyor was not an approved valuer and had admitted to merging categories C and D at the instance of the Department. The tribunal accepted the assessee's valuation report, which pointed out mistakes in the measurement of stock and concluded that the AO's valuation was not based on sound footing. Consequently, the tribunal deleted the addition of Rs. 17,26,774. 4. Rejection of books of account under section 145(2): The tribunal observed that the AO had rejected the books of account on the grounds that the assessee was not maintaining a quantitative tally of rakhi lifted, sold, and balance left, and that sales were made outside the books. The tribunal found that the AO had not provided specific instances where the books did not show a correct picture of accounts. The tribunal concluded that the AO's rejection of books was not justified and accepted the assessee's contention that the books were correct and complete. 5. Addition of Rs. 17,15,145 and Rs. 56,419 from other additions: The tribunal noted that the AO had made these additions based on seized documents and squared-up accounts. The assessee contended that these sales were entered in the books and could not be treated as sales outside the books. The tribunal found that the entries in the seized documents were common with those in the books and no defects were pointed out by the AO. The tribunal accepted the assessee's explanation and deleted the addition of Rs. 17,15,145. However, the tribunal sustained the addition of Rs. 56,419 as the assessee failed to produce evidence in support of the cash credits. Conclusion: The tribunal allowed the appeal in part, deleting the major additions made by the AO and sustaining only a minor addition of Rs. 56,419. The tribunal emphasized the need for concrete evidence and sound reasoning in making additions and rejecting books of account.
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