9911796707
TMI Blog2014 (1) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... error which is not attributable to the assessee – Decided against Revenue. Reasoning of the AO ignored - Held that:- The assessee has produced documents to demonstrate that it had wrongful taken input credit for the earlier periods - This fact was pointed out by the audit party - On coming to know of this wrong credit, the assessee made the payment during the current financial year – the order of the CIT (A) upheld that the actual payment of Excise Duty is allowable during the year – Decided against Revenue. - I.T.A. Nos. 1158/Del/2012 - - - Dated:- 31-7-2013 - Shri Smt. Diva Singh And Shri J. S. Reddy,JJ. For the Petitioner : Ms. Shumana Sen, DR. For the Respondent : Shri Piyush Kaushik, Adv. ORDER Per J. S. Reddy, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was following exclusive method of accounting and as such the expenditure on account of Excise Duty should not have formed part of Profit and loss account for the purpose of computing the income as per the Income Tax Act. 5. The appellant craves leave to add, alter or amend any ground of appeal raised above at the time of hearing." 4. We have heard Ms. Shumana Sen the ld. DR on behalf of the revenue and Shri Piyush Kaushik, ld. counsel on behalf of the assessee. 5. The ld. DR submitted that the genuineness of the debit note in question, was doubted by the AO, as it is a self serving document. She referred the reasons given by the AO at pages 3 and 4 of her order and disputed the findings of the ld. CIT (A) at Para 5.2 of his order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urnover, along with particulars of its PAN No. Income-tax assessment details etc. The AO has not conducted any verification or inquiry, on these documents. There is no finding that these evidences are false or incorrect. 9. It is not a case where the assessee has taken credit of tax of this erroneous TDS certificate. The factual finding of the ld. CIT (A) as to the correct figure of turnover is not controverted by the ld. DR. On these facts we uphold the finding of the ld. CIT (A) that the discrepancy in question was a bonafide error which is not attributable to the assessee and that the rejection of the assessee's contention by the AO was not justified. In the result ground no. 1 of the revenue is dismissed. 10. On ground no. 2, we fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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