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TMI Blog2011 (4) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellate Commissioner ? [B] Whether on the facts and in the circumstances of the case, Income-tax Appellate Tribunal is right in law in applying ratio of the decisions of the Appellate Tribunal in the case of Shalu Dyeing Printing Mills Limited vs. ACIT, in ITA No. 1491 and 1941/Ahd/2008 dated 11.7.2008 and in the case of Akruti Deying Printing Mills Private Limited vs. ACIT, Circle I, Surat, ITA No. 2551/Ahd/2006 and ITA 2752/Ahd/2006, dated 26.10.2007 without comparing the facts of both the cases ? [C] Whether on the facts and in the circumstances of the case, Income-tax Appellate Tribunal is right in law in coming to the conclusion that the assessee has discharged the onus of burden of proof to claim deduction under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue in appeal before the CIT [A]. The CIT [A] concurred with the view of the Assessing Officer. Thereafter, further appeal was filed by the assessee before the Tribunal. The Tribunal, by the impugned judgment, deleted the additions. Upon which, the revenue is in appeal before us. We have perused the orders on record with the assistance of the learned counsel for the Revenue. We find that the Tribunal, on appreciation of the evidence on record, held that the assessee had discharged the duty of establishing the expenditure. The Assessing Officer, when sufficient evidence was available on record, therefore, could not disallow such expenditure. In particular, the Tribunal found that the value addition and realization by the assessee o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee. Merely by arbitrary presumptions it cannot be said that the amounts might have come back to the assessee. There is no such finding at all. There is no basis at all for this presumption. The A.O must have checked the payments made by this job party and if at all there was any finding against assessee then he could have clearly brought out the same on record. But there is no such finding at all. This renders the arbitrary presumption of the A.O to be completely baseless and unsustainable. In the absence of any such finding, the genuine expenditure incurred by the assessee for value addition job work paid by A/c. Payee cheque cannot be disallowed. This issue is clearly covered by the judgment of Hon'ble High Court of Guja ..... X X X X Extracts X X X X X X X X Extracts X X X X
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