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TMI Blog2013 (4) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... her comes to 8.46% whereas Kurma or Chuni is by-product and not waste. Tribunal was of the opinion that Assessing Officer could not have made additions on the basis of estimates without rejecting book results or without finding out any fault with the books of account. Tribunal found that the Assessing Officer and CIT(Appeals) both had committed error in treating by product Kurma as waste whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Tribunal is right in law and on facts in deleting the enhancement made by the CIT(A) by taking deficit in the yield at 9.1% to 9.5%, and whether the finding of the Appellate Tribunal is not perverse? 2. Respondent assessee is engaged in the business of crushing of mug and producing mugdal . During a survey operation carried out under Section 133A of the Act on the business premises of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han that was accepted by the Assessing Officer and made further additions for all the years under consideration. 3. Assessee carried the matter further in appeal. The Tribunal by impugned judgement allowed the assessee's appeal and reversed the orders passed by the Assessing Officer as well as CIT (Appeals). 4. Tribunal allowed the assessee's appeal on three different grounds. Firstly, the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal was that the Assessing Officer made estimation without rejecting the book results of the assessee. Tribunal was of the opinion that Assessing Officer could not have made additions on the basis of estimates without rejecting book results or without finding out any fault with the books of account. Third ground adopted by the Tribunal was that in case of another assessee carrying on same bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal for allowing the assessee's appeal. Further as already noted the Tribunal found that the Assessing Officer and CIT(Appeals) both had committed error in treating by product Kurma as waste whereas same was sold in the market fetching considerable sale proceeds to assessee. This has resulted into erroneous working out of wastage. Tribunal also compared similar data and figures of another ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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