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TMI Blog2015 (11) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... of the evidences or any of the explanation given by the assessee. The ld.AO has not even noted the explanation submitted by the assessee. The assessment order is just a cut-and-paste from other assessment orders. We can observe so, because, we have seen more than twenty assessment orders of this group while hearing all these appeals. Standard language has been used more specifically from page no.4 to end. Thus, if we weigh reasoning given by the AO for making addition vis-à-vis reasoning given by the ld.CIT(A) for deleting the addition in the light of the material produced in the paper book by the assessee, then, certainly scale would tilt in favour of the CIT(A). Therefore, we do not find any merit in the appeal of the Revenue. - Decided against revenue - ITA No.2614/Ahd/2009 With CO No.237/Ahd/2009 - - - Dated:- 29-10-2015 - SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER For The Revenue : Shri D.C. Mishra, Sr.DR For The Assessee : Shri Sanjay Kapadia ORDER PER BENCH: Revenue is in appeal before us against the order of the ld.CIT(A)- II, Ahmedabad dated 17.6.2009 for the Asstt.Year 2007-08. 2. On receipt of notice in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he physical stock inclusive of water and moisture content which has been considered during the survey action is greater than the actual pure stock which has been entered in the stock register. (ii) Further, it has also been claimed that the bills are prepared on the 'as is' basis deducting the water content. (iii) Part of the stock has been accumulated at the factory premises for job-work and such stock belongs to other parties and hence these have not been entered in the books of the assessee company. The contentions of the assessee have been considered. However, these arguments are not acceptable on account of the following factors: (i) No such fact was brought to the notice of the survey team during the period of survey. (ii) Further, the assessee has failed to establish that the stock of products lying during the survey was not of 100% purity, but are moist and hydrated. (iii) The fact of stock stored for job-work purposes was not disclosed before the survey team and no job card was placed on record as during the survey indicating the belongingness of the stock to certain third party. Hence, the explanation of the assessee is taken to be unacceptable a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee has pointed out the evidence collected during the course of survey and submitted during the assessment proceedings. The ld.First Appellate Authority was satisfied with the explanation of the assessee and deleted the addition. One addition made by the AO has been discussed in two parts by the assessee as well as by the CIT(A). Finding recorded by the CIT(A) in respect of both the parts are as under: 7. I have considered the facts and submissions I agree with the appellant's view. The assessee has filed all the evidence showing that entire manufacturing facility has been given on lease to M/s. Colourtex Industries Pvt. Ltd. w.e.f. 10-7-2006 i.e. prior to the date of survey. Even in the return filed and in the books of accounts the assessee has shown income from job charges only which is accepted by the AO himself. Hence, assessee was not having any stock of his own and all the stock belonged to M/s. Colourtex Industries Pvt. Ltd. Hence no addition is called for in the hands of the assessee. Further, even the assessee. has shown the excise register maintained at the premises of M/s. Colourtex Industries Pvt. Ltd. at Survey No. 80, Pandesara and also excise registe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese facts the explanation of the assessee is acceptable and even no addition is called for in the hands of Colourtex Industries P Ltd. also. Hence, the addition made is deleted. 6. The ld.DR relied upon the order of the AO. On the other hand, the counsel for the assessee took us through the paper book, which is running into 230 pages and relied upon the order of the ld.CIT(A). 7. We have duly considered rival contentions and gone through the record carefully. In order to explain the stock position found at the premises, the assessee has filed written submissions before the CIT(A) and produced evidences. Copies of these evidences have also been placed in the paper book. Let us take a note of the evidences submitted by the assessee. The index to the written submissions made before the CIT(A) is worth to note in this connection. Sr. No. Contents Page No. 1. 1st Written Submissions before CIT(A) along with judicial pronouncements relied on 1-21 Annexure-1 Copy of registration certificate in Form RC of the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Form RC of the Central Excise Department available at page no.22. The relevant part of the certificate read as under: Form RC Central Excise Registration Certificate (under Rule 9 of the Central excise Rules, 2002) This is to certify, subject to conditions specified below, that M/s.COLOURTEX INDUSTRIES PRIVATE LIMITED, A REGISTERED COMPANY (Registrant and its constitutions) is registered of MANUFACTURING OF EXCISABLE GOODS (type of business) at COLOURTEX INDUSTRIES PRIVATE LIMITED, 69 to 73, 73/A, GIDC, PANDESARA, PANDESARA IE, SURAT, GUJARAT, 394221 (address of the business premises) on the basis of the application received in this office on 07/07/2006 (date of receipt) Registration Number is : AABCP6359BXM003 (w.e.f. 8.00 am on 10/07/2006) Sd/- SATHAPPAN ASSISTNAT COMMISSIONER C.EX.DIV.III, SURAT-1 Signature of the Deputy Commissioner/Assistant Commissioner of Central excise (with Name and Official Seal) Date : 07/07/2006 Place : Surat 9. The second evidence submitted by the assessee is details of movement of inventory at the location viz. Vipan . Copies of these evidences are filed at page nos.23 to 59. For example, vide chall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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