1979 (9) TMI 124 - AT - Income Tax

Summary

Issues:
1. Deletion of addition in the production account by the ITO.
2. Justification of relief amount allowed by the AAC.
3. Direction to calculate details of plant and machineries for extra shift allowance.

Detailed Analysis:

1. The first issue pertains to the deletion of the addition made in the production account by the ITO. The ITO found the yield shown by the assessee, a hard coke manufacturer, to be low and rejected the production account, estimating the yield at 66.66 per cent instead of 62.08 per cent. On appeal, the AAC upheld the addition of Rs. 10,902 and allowed relief of Rs. 15,198 to the assessee based on previous Tribunal decisions. The Department appealed against the relief allowed, while the assessee filed a cross objection against the addition sustained by the AAC.

2. The second issue revolves around the justification of the relief amount allowed by the AAC. The Department contended that the relief of Rs. 15,198 granted by the AAC was not justified, while the assessee argued that even if the yield was estimated at 64 per cent, the relief should have been Rs. 15,300. However, the assessee did not press this argument during the proceedings. The Tribunal rejected the Department's appeal and the grounds raised in the cross objection, upholding the AAC's decision based on previous Tribunal orders.

3. The final issue concerns the direction given to the ITO to calculate the details of plant and machineries for extra shift allowance. The ITO did not discuss extra shift allowance in the assessment order for the relevant year. The ACC directed the ITO to obtain the necessary details to allow extra shift allowance. The Department objected to this direction, while the assessee supported it, citing previous years where extra shift allowance was allowed. The Tribunal upheld the ACC's decision, stating that sufficient material existed to support the claim for extra shift allowance and that the ACC had taken a reasonable view in the matter.

In conclusion, the Tribunal dismissed the appeal filed by the Department and allowed the cross objection in part, affirming the decisions made regarding the production account addition, relief amount, and extra shift allowance calculation.