ACIT, Circle-3, Asansol vs. Shri Shyam Cement Works Pvt. Ltd., Asansol
In the result Appeal of the Revenue is dismissed
ITA 211/KOL/2014[2010-2011]Status: DisposedITAT Kolkata28 Sept 2016AY 2010-2011
Bench: Shri P. M. Jagtap, Am & Shri K. Narasimha Chary, Jm] I.T.A No. 211/Kol/2014 Assessment Year: 2010-11 Assistant Commissioner Of Income-Tax, Vs. Shri Shyam Cement Works Pvt. Ltd. Circle-3, Kolkata. (Pan: Aadcs8052J) (Appellant) (Respondent) Date Of Hearing: 22.09.2016 Date Of Pronouncement: 28.09.2016
For Appellant: Shri Nicholas Murmu, Addl. CITFor Respondent: Shri S. S. Gupta, FCA
Section 131Section 133(6)Section 143(1)Section 143(3)Section 234BSection 271(1)(c)
…ere had been purchases made outside the books of account or there had been excess consumption of fuel which was not recorded in the books of account. He drew our attention to a decision rendered by Hon’ble Andhra Pradesh High Court in N.Raja Pullaiah Vs. DCTO 73 ITR 224, for the principle that the best judgement assessment on the basis of consumption of electricity, without considering the similarity of circumstances in all respects, is bad in law and liable to be set aside. 16. On a careful consideration of the facts and the preposition of law on all the relevant aspects, we find that the reasoning of the learn…