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TMI Blog2020 (4) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... of such atta was reflected in the wheat purchase account and not in the atta purchase account. The Commissioner (Appeals) noted that the assessee had submitted documentary evidence to demonstrate the same, which was found to be correct and it was seen that the quantity records and closing stock of wheat and atta confirms the explanation. Conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded after appreciating the material on record. The learned Senior Standing Counsel for the appellant is not in a position to point out any material to the contrary so as to dislodge the findings of fact recorded by the Tribunal nor has it been pointed out that the Tribunal has placed reliance upon any irrelevant material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 for the Opponent(s) No. 1 ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. By this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), the appellant revenue has challenged the order dated 18.06.2019 passed by the Income Tax Appellate Tribunal, Ahmedabad, Bench 'A', Ahmedabad (hereinafter referred to as 'the Tribunal') in ITA No. 3389/Ahd/2015 by, proposing the following two questions, stated to be substantial questions of law: (A) Whether the Appellate Tribunal has erred in law and on facts in upholding the order of the CIT(A) deleting the addition of ₹ 19,54,012/- made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iced that the assessee had shown inward quantity of 142090 kilograms of wheat flour and 18340 kilograms of wheat flour was purchased from the open market and had not shown the purchase cost of 123750 kilograms of wheat flour. The Assessing Officer treated the difference of 123750 kilograms of wheat flour at the rate of ₹ 15.79 per kilogram amounting to ₹ 19,54,012/- as unexplained expenditure and added the same to the total income of the assessee. The assessee carried the matter in appeal before the Commissioner (Appeals), who deleted the addition. The revenue carried the matter in appeal before the Tribunal but did not succeed. 4.1 As can be seen from the order passed by the Commissioner (Appeals), she has found that the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t purchased by the assessee was to the quantity 123750 kg. on perusal of the aforesaid material, it is noticed that there was transfer of wheat out of quantity wheat sold towards conversion of the same into wheat flour. In the light above facts and circumstances, we do not find and error in the decision of ld. CIT(A) after perusal of the material placed in the paper book that the wheat was converted from the stock of wheat was already available with the assessee. Therefore, we do not find any merit in the ground of appeal of the revenue. Therefore, the same is dismissed. 4.3 Thus, the conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded after appreciating the material on record. The learned Senior St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e between the assessee's account with Gujarat Agro Sortex Pvt. Ltd. (GASPL). However, during the course of appellate proceedings, the assessee had submitted a copy of its account from the books of GASPL which showed that the difference was on account of a mistake on the part of GASPL and the same has been rectified by them by passing necessary entries in the subsequent year, that is, accounting year 2009-10 (relevant to assessment year 2010-11). In view of the fact that the assessee had been in a position to submit reconciliation as regards difference between its accounts with Gujarat Agro Sortex Pvt. Ltd., the Commissioner (Appeals) deleted the addition. The Tribunal, in the impugned order, has concurred with the findings recorded by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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