9911796707
TMI Blog2013 (11) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... warranting equal addition, as had been done by the Appellate Assistant Commissioner - Tribunal passed a very mechanical order, extracted the arguments and accepted the plea of the assessee on the face value to delete the equal time addition. Although, normally, on a revision this Court does interfere with the order of the Tribunal, where there are findings of the Tribunal, which is the highest fact finding authority in the hierarchy of appeal and revision authorities, when the order of the Tribunal lacks any material to base its view and when there is no discussion at all as to why it thought fit to cancel the estimated addition, on the face of the materials available, as had been found by the Assessing Officer, as well as the Appellate Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te purchase. Evidently, the Registration Certificate Numbers of the sellers were not found in the bills. After considering the objections taken, the assessment as regards the inter-state purchases was made. 4. The asseseee preferred an appeal before the Appellate Assistant Commissioner who pointed out the stock variation noticed at the time of inspection and that the omission to record the interstate purchase amounting to Rs.1,19,469/-, was a clear indication of the purchase suppression and sales omission. Going by the materials thus available, the Appellate Assistant Commissioner confirmed the assessment on actual suppression. However, as regards the two times addition made for probable omission, the Appellate Assistant Commissioner sust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner and the Tribunal shows the inconsistent stand taken by the assessee. While before the assessing officer the assessee denied having any transaction with the Delhi parties, before the Tribunal, the assessee accepted the purchase effected from these sources. Thus, the extracts and the stock variation clearly pointed out the nature of dealing of the assessee warranting equal addition, as had been done by the Appellate Assistant Commissioner. 8. As already pointed out, the Tribunal passed a very mechanical order, extracted the arguments and accepted the plea of the assessee on the face value to delete the equal time addition. Although, normally, on a revision this Court does interfere with the order of the Tribunal, where there are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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