TMI Blog1987 (2) TMI 500X X X X Extracts X X X X X X X X Extracts X X X X ..... e rejected on the ground that surveys were conducted on several dates but except the challan and cash memos no other books were shown at the time of survey. From the fact that the books were not produced at the time of survey without any cogent explanation, inference was drawn by the Tribunal that the assessee did not maintain the books day-to-day or in ordinary course of business, and therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n coming to the quantum, learned counsel for the assessee argued that in the last year's assessment, the capacity of the kiln was taken at 5,00,000 but this year that has been increased without giving any cogent reason for that. I agree with the assessee that unless cogent reasons are given for increasing the capacity, the capacity of 5,00,000 taken in the last year should have been taken in this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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