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14-05-2019, Gurucharan Kaur Oberoi, Section 145(3), 44AB, Tribunal Indore

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1 week 3 days ago #9441 by amit
Section - 145(3), 44AB, 145
Order Date - 14-05-2019
Favouring - Revenue Partly
Court - Tribunal Indore
Appellant - DCIT
Respondent - Gurucharan Kaur Oberoi
Justice - KUL BHARAT JM & MANISH BORAD AM
Citation - 519Taxpundit204
Appeal No. - ITA No.489/Ind/2017
Asstt. Year - 2013-14

Order

PER : MANISH BORAD, AM.

The above captioned appeals relating to two different assessee’s pertaining to Assessment Year 2013-14 are filed at the instance of Revenue and are directed against the orders of Ld. Commissioner of Income Tax (Appeals) (in short ‘Ld.CIT(A)’], Ujjain dated 28.04.2017 and 25.04.2017 which are arising out of the order u/s 143(3) of the Income Tax Act 1961(In short the ‘Act’) dated 31.03.2016 and 18.03.2016 respectively framed by DCIT-Ratlam.

2. Revenue has raised following grounds of appeal No. ITA No.489/Ind/2017 in the case of Smt. Gurucharan Kaur Oberoi

(1) Whether on the facts and in the circumstances of the case, Ld.CIT (A) was justified in not upholding the rejection of books of accounts in spite of specific defects pointed out in the assessment order and deleting the addition of Rs.3,09,63,422/-.

(2) Whether on the facts and in the circumstances of the case, Ld.CIT (A) was justified in restricting the addition of Rs.3,09,95,390/- made on account of suppression of sal to Rs.31,968/- allowing relief of Rs.3,09,63,422/- without taking into consideration that suppression of sales has been logically derived by AO by taking into consideration the duties on purchases and other factors as mentioned in assessment order.

(3) Whether on the facts and in the circumstances of the case, Ld.CIT (A) was justified in deleting the addition of Rs.13,97,442/- made on account of undervaluation of closing stock without appreciating the fact that huge breakage of bottles is not possible as the assessee has mainly purchased goods in plastic bottles and as such there cannot be breakage of such a large number of bottles and no supporting evidence given by the assessee for the claim.

The appellant reserves his right to add, amend or alter the grounds of appeal on or before the date; the appeal is finally heard for disposal. ITA No.490/Ind/2017in the case of Shri Jaswinder Singh Oberoi

1.Whether on the facts and in the circumstances of the case, Ld.CIT(A) was justified in not upholding the rejection of books of accounts inspite of specific defects pointed out in the assessment order and deleting the addition of Rs.6,16,66,374/-

2.Whether on the facts and in the circumstances of the case, Ld.CIT(A) was justified in deleting in deleting the addition of Rs.6,16,66,374/- made on account of suppression of sale without taking into consideration that suppression of sales has been logically derived by AO by taking into consideration various factors as mentioned in assessment order.

3.Whether on the facts and in the circumstances of the case, Ld. CIT(A) was justified in deleting the addition of Ra.12,85,423/ - made on account of undervaluation of closing stock without appreciating the fact that huge breakage of bottles is not possible as the assessee had mainly purchased goods in plastic bottles and as such there cannot be breakage of such a large number of bottles and no supporting evidence given by the assessee for the claim made.

3. In the appeals Revenue has disputed following two issues ;

4. As the issues ra sed in these appeals are common, therefore these were heard together and are being disposed off by this common order for sake of convenience and brevity. As both the parties have accepted that the issues and facts raised in these two appeals are same, therefore in order to adjudicate the common issue, we will take up the facts of Smt. Gurucharan Kaur Oberoi (ITA No.489/Ind/17).

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