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TMI Blog2011 (9) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... AL MEMBER : These are two appeals of the Revenue in respect of same assessee in which identical issue, arising out of common set of facts, is involved. For the sake of convenience and brevity, we propose to decide both the appeals by this common order. 2. The assessee is a dealer in sanitary wares. For the sake of higher loan limit, the assessee was in the habit of furnishing inflated stoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r:- The perusal of the Tribunal orders, preliminarily show that the facts in this year are also identical to other years except that in assessment year 2001-02, there was a survey. But it is not known as to have this is going to make any substantial difference. Yet, to be just and fair, we restore this entire issue to the file of the Assessing Officer to apply the ratio of the Tribunal orders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition, but the Tribunal for the assessment year 2002-03 has given the following finding:- Upon a careful consideration of the issue, we find that the authorities below have not detected any mistake or omission in the books of accounts or stock records of the assessee. It is also not the case that bank authorities have verified the assessee s stock in relation to the position as at the close o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bank. It was found that the issue stands covered in favour of assessee and we decide accordingly by dismissing the appeal of the Revenue. 3. For assessment year 2008-09 in I.T.A. No. 1150/Mds/2011, a similar issue is involved. On the basis of similar reason, we dismiss appeal of the Revenue for this year as well. 4. In the result, both the appeals filed by the Revenue stand dismissed. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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