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TMI Blog2013 (4) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal under section 260A of the Income Tax Act, 1961 [the Act] is at the instance of the Revenue and is directed against an order dated June 18, 2010 passed by the Income Tax Appellate Tribunal, Bench 'A' in ITA No. 3870/AHD/2007 for the A.Y. 2005-06 thereby dismissing the appeal filed by the Revenue. In this appeal, the Revenue has taken the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her observed that in the month of May 2004, the assessee had shown production of 133 MT against consumption of 82847 units of power. Consequently, the Assessing Officer held that for 1 MT of production, 622.9 units of power consumption has been declared by the assessee. The Assessing Officer further noticed that 14,15,899 units of power was consumed by the assessee in the entire year and by taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [Appeals] held that the Assessing Officer was not justified in rejecting the book results for the reason that the assessee maintained the books of accounts which were audited under the Companies Act and also under section 44AB of the Act, and the Assessing Officer has not brought any material to show that they are not maintained as per the provisions of the Act. The appellate Commissioner further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f electricity might be caused due to various reasons such as break down of machinery, quality of raw materials, thickness of finished goods and frequency of power failure etc. and such facts could not be controverted by the Assessing Officer. The Tribunal further observed that the argument of the assessee was rather accepted by the Assessing Officer to the extent of 30%, for which no basis could b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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