2019 (3) TMI 588

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Tribunal had concurrently decided the issue based on appreciation of evidence on record, we do not find any question of law arising. The assessee's contention of appropriate opportunity being not given by the AO was also considered and rejected by the CIT(A). Perusal of the order of the AO would demonstrate that sufficient opportunities were granted. The central issue was only one namely of the production loss viz. a viz. stock shown by the assessee in the books. The assessee had itself produced voluminous evidence. This is not a case where the Assessing Officer had caught the assessee by surprise. There may be minor discrepancy or inaccurate recording of non-essential facts by the CIT(A) and the Tribunal. However, the same would no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Officer noticed mismatch between the assessee's consumption of raw material and output of various drugs manufactured by the assessee. After carrying out detail exercise, the Assessing Officer rejected the assessee's books and proceeded to examine the possible sale by the assessee outside of the books. The Assessing Officer under this head made an addition of ₹ 96.98 lacs (rounded off). The assessee challenged such addition before the CIT(A) before whom he had produced additional documents. The CIT(A) dismissed the appeal upon which the assessee filed further appeal before the Tribunal. Such appeal was also dismissed. Hence, this appeal. 3. We have heard the learned counsel for the parties. Perusal of the order of the Asses .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and the Tribunal confirmed this view of the Assessing Officer. When two Revenue Authorities and the Tribunal had concurrently decided the issue based on appreciation of evidence on record, we do not find any question of law arising. The assessee's contention of appropriate opportunity being not given by the Assessing Officer was also considered and rejected by the CIT(A). Perusal of the order of the Assessing Officer would demonstrate that sufficient opportunities were granted. The central issue was only one namely of the production loss viz. a viz. stock shown by the assessee in the books. The assessee had itself produced voluminous evidence. This is not a case where the Assessing Officer had caught the assessee by surprise. There m .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X