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TMI Blog2010 (10) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... three authorities have concurrently come to the conclusion that in the stock of consumption of furnace oil in the pre-survey period as compared to post-survey period there was substantial difference and the assessee could not offer any satisfactory explanation for the said difference. Once that was so, the addition made by the Assessing Officer and sustained by the appellate authorities cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income Tax Act, 1961 (in short "the Act") at the business premises of the assessee and the financial year was divided by the Assessing Officer into two parts, i.e pre-survey period from 1.4.1993 to 23.8.1993 nearly five months and the post-survey period from 21.8.1993 to 31.3.1994 nearly seven months. The assessee also surrendered income of Rs.3,25,000/- on account of excess stock and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court is whether the authorities below had rightly made addition of Rs.2,73,000/- in the income of the assessee on account of excess consumption of furnace oil which was not disclosed in the books of account of the assessee. 5. The Tribunal while concurring with the view of the Assessing Officer and the CIT(A) upholding the addition of Rs.2,73,000/- had recorded as under:- "The next ground o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compared the case of the assessee with that of M/s New Metal Works and found that purchases of coal and fuel worth Rs.160022/- has been shown by that concern for total sales of Rs.8030571/-. As against the same, the assessee has shown purchases of Rs.1225394/- for making total sales of Rs.8591274/-. He also referred to the A.Y. 1993-94 and found that M/s New Metal Works has shown total purchases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to be perverse or erroneous in any manner by the learned counsel for the assessee except that an attempt was made by him for reappreciation of evidence which is not permissible. As noticed earlier, all the three authorities have concurrently come to the conclusion that in the stock of consumption of furnace oil in the pre-survey period as compared to post-survey period there was substantial diff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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