9911796707
TMI Blog2015 (9) TMI 1340X X X X Extracts X X X X X X X X Extracts X X X X ..... ikram Plastics (1998 (8) TMI 43 - GUJARAT High Court) which has not been controverted by Revenue before us. In view of the aforesaid facts, we find no reason to interfere with the order of ld. CIT(A) and thus this ground of Revenue is dismissed. - Decided against revenue. - I.T. A. No. 1044 /AHD/2011 - - - Dated:- 25-6-2015 - SHRI ANIL CHATURVEDI, A.M. SHRI KUL BHARAT, J.M. Appellant by : Shri B.L. Yadav, Sr. D.R. Respondent by : Ms. Urvashi Shodhan, A.R. ORDER PER SHRI ANIL CHATURVEDI,A.M. 1. This appeal filed by the Revenue is against the order of CIT(A)-XIV, Ahmedabad dated 29.11.2010 for A.Y. 2007-08. 2. The relevant facts as culled out from the material on record are as under. 3. Assessee is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had shown more production in unit 2 than in unit 1 to suppress the profit of taxable unit and enhance the profit of exempt unit. The difference of the goods produced was worked out by him at 27,855 Kg and after considering the average sales price of ₹ 459.29 Kg of goods sold by unit 2, determined the sales at ₹ 1,27,93,522/-, which was added to the sale of unit 1 and reduced from sales of unit 2. Aggrieved by the order of A.O., Assessee carried the matter before ld. CIT(A) who after considering the submissions of the Assessee deleted the addition by holding as under:- 3.1. I have considered the submissions of the appellant and the facts of the case carefully. I am of the opinion that the action of the Id. AO in reducing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidences in the form of regularly maintained books of account, technical aspects and other relevant records including excise registers, which are statutorily maintained by the appellant are all brushed aside while ignoring the result shown by the appellant and the said addition appears to have been made solely to deprive the appellant of the legitimate claim of exemption to which the appellant is lawfully entitled. 3.1.2. The Id AR has relied upon the recent decision of the Hon'ble Income tax Appellate Tribunal Ahmedabad in the case of Associated Petroleum Corporation ITA No 2308/Ahd/2008 wherein the Tribunal has held that even section 145 requires the AO to give a finding as to whether method of accounting adopted by the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... othetical formula and hence deserves to be deleted. I fully accept the submissions made by the appellant in para 4 to 8 of the written submissions as reproduced in preceding paragraphs and hold that the Id AO was not justified in making the addition of ₹ 1,27,93,522/- by treating the said income, pertaining to exempt Unit-11 as the income of Unit-1 and thereby taxing the same. I therefore direct the AO to delete the addition of ₹ 1,27,93,522- and accept the returned income as declared by the appellant. 3.1.4. The Hon'ble Supreme Court has in CIT vs Simon Carves Ltd (1976) 105 ITR 21:2'(SC), has very clearly held that the taxing authority must act in a fair and not a partisan manner. The apex Court has observed that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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