ITO, WD-12(4), KOLKATA, KOLKATA vs. M/S SHEE SEN LEATHER PVT. LTD., KOLKATA
In the result, the appeal filed by the Revenue (Ground No
ITA 1044/KOL/2014[2010-2011]Status: DisposedITAT Kolkata17 Jan 2018AY 2010-2011
Bench: Shri S.S. Viswanethra Ravi, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.1044/Kol/2014 (िनधा"रणवष" / Assessment Year: 2010-11) I.T.O, Ward-12(4), Kolkata Vs. M/S Shee Sen Leather Pvt. Ltd. 114/C, Matheswartolla Road, Aayakarbhavan (7Th Floor), P-7, Kolkata – 700 046. Chowringhee Square, Kolkata – 69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaecs 3938 C (Appellant) .. (Respondent) Appellant By : Shri Saurabh Kumar, Addl. Cit(Dr) Respondent By : Shri S.M. Surana, Advocate & V.N. Purohit, Fca सुनवाईकीतारीख/ Date Of Hearing : 18/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 17/01/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2010-11, Is Directed Against An Order Passed By The Cit(A)-Xii, Kolkata, In Appeal No.111/Xii/Cir-12/13-14, Dated 19.02.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.143(3) Of The I.T. Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 28.03.2013. 2. The Grounds Of Appeal Raised By The Revenue Are As Follows: “1. That Is The Facts & In Law Of The Case The Ld. Cit(A) Erred In Deleting The Addition Amounting To Rs.29,84,786/- Made The Ao On Account Of Difference In Valuation In Closing Stock & G.P. On Unaccounted Sales Of Chemicals Which Was Detected On The Basis Of Findings Of Survey U/S 133A.
For Appellant: Shri Saurabh Kumar, Addl. CIT(DR)For Respondent: Shri S.M. Surana, Advocate & V.N. Purohit, FCA
Section 133ASection 143(1)Section 143(2)Section 143(3)Section 14A
price, therefore, the inventory taken by them can never be tallied with the inventory of the assessee and therefore the addition made by the AO based on average inventory is not acceptable. Moreover, the AO has not rejected the books of accounts of the assessee and made the addition based on estimate, which is against the settled position
