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TMI Blog2008 (3) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... r Garg, J . 1. The revenue has filed the present appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the "Act") against the order dated 23.2.2007 passed by the Income-Tax Appellate Tribunal, New Delhi Bench 'E' in ITA No.4496/Del/2004 for the assessment year 2001-2002 raising the following substantial questions of law:-"1. Whether on the facts and in the circumstances of the case, the Ld. ITAT was right in law in upholding the order of the CIT(A), in deleting the trading addition of Rs.20,83,752/- made by the A.O., as the assessee failed to produce the quantitative details of raw material and finished products? 2. Whether on the facts and in the circumstances of the case, the findings recorded by the Ld. IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO without pointing out any specific defect in the books of accounts. The AO has rejected the books of accounts only on the ground that the appellant has not been able to keep records of raw material consumed in respect of each and every item produced by the appellant. The AO has rejected without any justification the explanation of the appellant that consumption of raw material for each of the products cannot be reconciled in the case of the appellant because the product pattern was large and items of different designs and sizes etc. were produced by the appellant. There was no legal obligation on the part of the appellant to maintain such a record. Audited accounts could not have been rejected without pointing out any specific defect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the revenue and perused the record. 8. We find no force in the arguments raised by the learned counsel for the revenue. While allowing the appeal of the assessee, the CIT(A) has given a finding of fact that the additions have been made by the Assessing Officer without pointing out any specific defect in the books of accounts. The said finding has been further upheld by the Tribunal. During the course of arguments, learned counsel was unable to point out any illegality or perversity in the said finding of fact. Thus, we find no infirmity in the order of the Tribunal. No substantial question of law is arising for determination of this Court in this appeal and the same is hereby dismissed. (RAKESH KUMAR GARG) JUDGE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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