9911796707
TMI Blog2015 (6) TMI 874X X X X Extracts X X X X X X X X Extracts X X X X ..... partly setting aside the order. 2. During the course of hearing, it has been brought to our notice that these appeals are filed late by 70 days, for which application for condonation of delay is filed along with the appeal memo in which reason for delay has been shown that the appeal could not be filed due to the tragedy in the family of the assessee. Having gone through the contents of the application for condonation of delay, we find force therein and we accordingly condone the delay and admit these appeals for hearing. 3. These appeals were listed for hearing on 20.3.2015, but none appeared on behalf of the assessee. On a careful perusal of record, we find that these appeals were listed for hearing almost 9 times and most of the time h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment years, against which appeals were preferred before the ld. CIT(A) and later on before the Tribunal. 5. The Assessing Officer has not examined the issue with regard to the generation of profits on account of production of Pan Masala out of the books of account. During the course of search, a test run was conducted in order to ascertain the production of Pouches Packaging Machine per minute, as the assessee has shown production of pouches at lesser figure. It was also noticed by the ld. Commissioner of Income-tax that when the test run was conducted, the Pouches Packing Machine said to have shown speed of 240 pouches per minute. The production of Pan Masala was undertaken by M/s Durga Trading Company, proprietorship concern of Smt. Asha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the surrender was carried. This income was surrendered on account of sum invested in the various properties. However, when the matter was referred to the Valuation Officer, the Valuation Officer worked out undisclosed income in the cost of construction over preceding accounting year. Accordingly, the Assessing Officer assessed this surrendered amount in various years on the basis of the investment in the properties. In the net result, the surrender which was made in the current year was transferred back in the preceding year by the A.O. , resulting in higher tax liability on account of interest payable by the assessee than could have been incurred that the entire sum was assessed in the current financial year. It has further been mentione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntain proper books of account which are duly audited U/s 44 AB of the I.T. Act 1961, which clearly proves that it is wrong to assume that whole production of Durga Trading Company is routed through us, hence, sale purchase shown by us in A.Y.2004-05 to 2009- lOare genuine and no adverse inference be drawn in our case. The above submissions of the assessee have been considered. Though this is a case for payment of excess excise duty there is no evidence that the pouches packing machine had run in the speed of 240 pouches per minute during the entire period of relevant assessment years. However, on the payment of test run the machine is said have shown test run of 240 pouches per minutes as per statement dated 26.06.2009 of Shri Udai Chand C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded in the books of accounts. In case on the basis of evidence the A.O. finds there has been excess production by Smt. Asha Chaurasia, the additional profit from the sale same would have been assessable in the hands of Shri Udai Chand Chaurasiaon account of profit come from trading of excess production by Smt. Asha Chaurasia . According these assessments also would have to be partially set-aside to be framed afresh after taking into account the excess production made by Smt. Asha Chaurasia. 6. Since the facts in all these appeals are almost similar, we find no justification to reproduce the findings of the ld. Commissioner of Incometax in other cases. 7. Aggrieved, the assessees have filed appeals before the Tribunal, but no evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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