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2018 (2) TMI 1787

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..... that:- As decided in assessee's own case for the assessment year 2008-09 and 2009-10 ITAT allowed the appeal of the assessee holding that allocation of husk cost at 10% is reasonable. - Decided against revenue. - I.T.A.No.509/Vizag/2016 - - - Dated:- 21-2-2018 - SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER For The Appellant : Shri Sesha Srinivas, DR .....

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..... ture which does not require specific adjudication. 4. Ground No.3 does not emanate from the order of the Ld. CIT(A). In this ground the revenue has raised the issue with regard to filing of form No.10CCB report during the course scrutiny proceedings. No such issue was discussed in the order of the Ld. CIT(A). This fact has been admitted by the Ld. D.R. during the appeal proceedings. Therefore, .....

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..... of the husk cost being allocated to the generation of the steam by rice mill in its boiled milling unit. Therefore, husk cost was proportionately apportioned to power generation unit to rice mill. Accordingly, the assessee has computed the net profit of ₹ 2,51,17,309/- against the estimated sales of power at ₹ 3,68,52,300/- and the total expenditure as worked out by the assessee was &# .....

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..... pported the orders of the lower authorities and the Ld. A.R. relied on the orders of this Tribunal in the assessee s own case for the assessment year 2008-09 and 2009-10 in ITA Nos.48, 63, 325 342/Vizag/2012 dated 28.4.2014. The Hon ble ITAT after considering the issue in detail and the orders of the Ld.CIT(A) allowed the appeal of the assessee holding that allocation of husk cost at 10% is reas .....

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..... regated into that which is incurred up to a particular point and cost incurred after a particular point. This to our mind is not logical. Thus the allocation made by the assessee to our mind is justified. Hence, we allow this ground of the assessee. 8. Respectfully following the view taken by this Tribunal, we hold that allocation of husk expenditure at 10% is reasonable and accordingly we up .....

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