9911796707
TMI Blog2014 (10) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... Chini Mills - similar driage has been accepted by the authorities in the AY 1991-92 is not applicable as in that year no comparison was taken place - every assessment year is an independent assessment year - the assessee has shown a lesser driage - Regarding the production of extra sugar, the AO was directed to restrict the addition to the value of the suppressed stock of the sugarcane for the quantity - AO has made the addition on estimate basis which is a question of fact – thus, there is no reason to interfere in the order of the Tribunal – Decided against assessee. - Income Tax Appeal No. - 332 of 2005 - - - Dated:- 23-9-2014 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : Shakeel Ahmad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cane at 29.12 quintals and total purchase was made for 43,67,454.57 quintals against which 43,41,481 quintals sugarcane were consumed. Thus, the closing stock should have been 26,002.65 quintals as against 11,552.09 quintals shown by the assessee. The shortage was shown on account of driage. For the purpose, the A.O. has taken a comperative case of another Sugar Mill namely M/s. Kisan Sahkari Chini Mill and made the addition of ₹ 12,77,457/- which was confirmed by the appellate authorities. Being aggrieved, the assessee has filed the present appeal. With this background, heard Sri Shakeel Ahmad, learned counsel for the assessee who submitted that this is a case of estimation. He also submitted that the books of account were regular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o comparison was taken place. However, during the assessment year under consideration, a comparison has been made. Moreover, every assessment year is an independent assessment year. It may be mentioned that in the subsequent years the assessee has shown a lesser driage. Regarding the production of extra sugar, the A.O. was directed to restrict the addition to the value of the suppressed stock of the sugarcane for the quantity. Further, it appears that A.O. has made the addition on estimate basis which is a question of fact. When it is so, then we find no reason to interfere with the impugned orders passed by the lower authorities. Hence, the same are hereby sustained alongwith the reasons mentioned therein. Answer to the substantial ques ..... X X X X Extracts X X X X X X X X Extracts X X X X
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