1976 (8) TMI 61

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..... rder as common points are involved. 2. There is a delay of 21 days in filing the Cross Objections and the Income-tax Officer has submitted a petition stating that the delay was on account of some misunderstanding in respect of the jurisdiction of the concerned income tax officer. After perusing the petition filed by the Income-tax Officer, the delay in filing the Cross Objection is condoned. 3 .....

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..... Rs. 35,000. Before the Appellate Assistant Commissioner, it was explained that the wastage recorded in the E.B. 3 Register should be accepted as genuine and in support of this, the decision of the Tribunal for the earlier year was cited wherein it was held that the E.B. 3 Register was subjected to scrutiny by the Central Excise Authorities and as such the entries contained therein should be consid .....

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..... objection contesting that the Appellate Assistant Commissioner was not justified in granting the relief of Rs. 30,000 on account of wastage. 6. The learned counsel for the assessee submitted that the higher quantum of wastage during the year of account was on account of the fact that the assessee- firm had to purchase tobacco from outside parties and the wastage has been properly recorded in th .....

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..... hand, contended that there was no justification for the Appellate Assistant Commissioner to allow even the amount of Rs. 30,000 as a deduction on account of wastage. It was submitted that the proper registers were not produced before the income tax Officer and hence the deduction given by the Appellate Assistant Commissioner should not be upheld. 8. After hearing the rival submission in this ca .....

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..... of the order of the Appellate Assistant Commissioner, we find that he was satisfied that the amount of Rs. 35,000 was properly recorded in the E.B. 3 Register and in view of this, we hold that he was justified in giving direction that the wastage as recorded in the E.B. 3 Register should be allowed as a permissible deduction. 10. In the result, the assessee s appeal is allowed and the Cross Obje .....

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