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TMI Blog2021 (7) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... articular aspect of the matter we do not find any ambiguity in the order passed by the Ld. CIT(A) for deleting the addition so as to warrant interference. Hence, the Revenue's appeal is dismissed. - I.T.A. No. 650/Ind/2019 - - - Dated:- 28-6-2021 - Manish Borad, Member (A) And Madhumita Roy, Member (J) For the Appellant : Harshit Bari, Sr. DR For the Respondents : Girish Agrawal and Nisha Lahotia, ARs ORDER Madhumita Roy, Member (J) The instant appeal filed by the Revenue is directed against the order dated 05.02.2019 passed by the Ld. CIT(A), Ujjain arising out of the order dated 29.09.2017 passed by the ACIT-2(1), Ujjain under Section 143(3)/254 of the Income Tax Act, 1961 (hereinafter referred to as 'the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue to the file of the Ld. AO with a direction upon him to verify the claim of the assessee and to decide the matter keeping in view the decision of the Hon'ble Apex Court in the case of V.K.J. Builders Contractor Pvt. Ltd. vs. CIT, reported in 318 ITR 204(SC). 5. It appears from the records that the detail of closing stock, purchases and sales were duly submitted before the Ld. AO during the course of proceeding under Section 143(3) r.w.s. 263 of the Act. It is the case of the assessee that the opening stock of the impugned year including the 7517 kg of damaged stock of tea bags remained unsold even during the year. The stock was damaged in A.Y. 2006-07 due to heavy rains. In order to substantiate the same, the news paper cutting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition to the appellant's income. 3.2 This is fact in this case that the Hon'ble Bench of ITAT, Indore had set aside the said issue to the AO's file. The appellant has submitted the copy of fire insurance claim form and claim received form during the appellate proceedings. Further, the appellant has also submitted supportive documents i.e. copy of ledger account regarding its claim. It is clear from the said documents that the stock of tea bag of the appellant was damaged and due to the said reasons, the valuation of the said stock was taken in lesser price than that of its actual price. Further, the appellant had sold the said stock at rate of 6 Rs/kg to Ramchandra Suvasra. The appellant had also filed the confirmation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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