9911796707
TMI Blog1998 (7) TMI 690X X X X Extracts X X X X X X X X Extracts X X X X ..... ha Babu, J. - The revenue has come up with this petition with a prayer to direct the Tribunal to refer the question set out in the petition, which according to the revenue arises out of the order of the Tribunal on the appeals filed by the revenue and the assessee arising out of the assessment of the respondent-assessee's income for the assessment year 1992-93. 2. The assessee is a manufacturer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turnover of those suppliers. The Assessing Officer was promoted to regard the assessee's claim as excessive as he had found that the breakage reported by the other competitions was at a lesser rate of 6.8 per cent and 5 per cent, respectively. 3. On appeal by the assessee, the Commissioner (Appeals) held that an allowance of 11 per cent towards breakages would be a fair estimate and he held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and packing as also in the process of transportation earlier, the breakages occurred and the rate of such breakages was higher in respect of bottles to purchase by the assessee. The Tribunal held that the breakage was 15.25 per cent. 4. The facts considered by the Tribunal are all questions of fact and everyone of the authorities had made an estimate; for the Assessing Officer though 7 per cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the supplier was genuine and that the goods had been supplied and further that the higher price was due to the difference in shape and size of the bottles used by the assessee. 6. With regard to the remaining question, reference of which is sought, namely whether the Tribunal was right in law and had valid material in deleting the addition towards purchase of complimentary articles claimed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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