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TMI Blog2015 (10) TMI 1866X X X X Extracts X X X X X X X X Extracts X X X X ..... New Delhi, after giving full opportunity to the assessee of being heard and to produce any evidence for substantiating its claim before the AO. We make it clear that assessee has statutory right to appeal, if so, advised, before the Competent Authority. - Decided in favour of assessee for statistical purposes. - ITA No. 5363/Del/2010 - - - Dated:- 24-6-2015 - S V Mehrotra, AM And H S Sindhu, JM,JJ. For the Appellant : Shri D V Taneja, CA For the Respondent : Shri Gaurav Dudeja, Sr.DR ORDER Per H S Sidhu, JM. The Assessee has filed the present appeal against the impugned order dated 19/10/2010 passed by the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi on the following grounds:- 1. Ld. CIT(A) has erred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e against the assessee and aggrieved with the said order of the Commissioner(Appeals), Central Excise, Delhi-II, assessee appealed before the Custom, Excise and Service Tax Appellate Tribunal, New Delhi where the Appeal is still pending. 3.1 Ld. First Appellate Authority has decided the issue in dispute against the assessee on the basis of the finding of the Excise Authorities without any independent evidence. He requested that the issue in dispute may be set aside to the AO to decide the same, keeping in view of the decision of the Custom, Excise and Service Tax Appellate Tribunal, New Delhi. 4. Ld. Departmental Representative relied upon the orders passed by the Revenue Authorities. 5. We have heard both the parties and perused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise Law that such kind of physical verification is not tenable in the eye of Law. We wish to submit below mentioned Case Law settled at the stage of Tribunal which is the highest fact finding authority:- - Shiv Steel Rolling Mills Vs.CCE 2005 (186) ELT 326 (Tribunal) - Bhushan Ltd Vs. CCE 2005 (186) ELT 197 (Tribunal) - Moolchand Steels Ltd. Vs CCE 2005 (187) ELT 387 (Tribunal) - Agra Steel Corp. Vs.CCE 2002 (48) RLT 298 (Tribunal) - Dhulichand Silk Mills Pvt.Ltd. Vs.CCE 2001 (133) ELT 468 (Tribunal). If proper weighment would have been done there will not be any variation. Taking only excess and ignoring shortage and without reconciliation Addition has been made which is wholly unjustified and Deserves to be deleted. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant has filed appeal against the order of Commissioner(Appeals),Central Excise, Delhi-Il before Customs, Excise and Service Tax Appellate Tribunal, New Delhi where the matter is still pending. Therefore I am of the considered view that the addition of ₹ 21,86,669/-on account of Excess Stock of Copper deserves to be sustained. However A.O. may take action in consonance with the decision of the Customs, Excise and Service Tax Appellate Tribunal, New Delhi. Subject to the above remarks, Grounds of Appeal No.2(i) 2(ii) are dismissed. 6. After going through the aforesaid finding passed by the Ld. CIT(A), we are of the view that Revenue Authorities have not given any independent finding on the basis of any evidence except the document ..... X X X X Extracts X X X X X X X X Extracts X X X X
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