Itxa/1178/2012 Of The Commissioner Of Income Tax - 25 v. Ramabai H. Kamat

k IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1178 OF 2012 The Commissioner of Income Tax - 25 ...Appellant.V/s.Ramabai H. Kamat ...Respondent. Mr. Tejveer Singh for the Appellant. Dr. K. Shivram, Senior Counsel i/b Mr. Ajay R. Singh and Mr. Paras S. Savla for the Respondent. CORAM:S.C. DHARMADHIKARI ANDA.A. SAYED, JJ. DATED : 5 NOVEMBER, 2014. P.C.: 1This Appeal by the Revenue challenges the order passed by the Income Tax Appellate Tribunal, Mumbai Bench in two Appeals of the Assessee. The Assessment Years are 2004-05 and 2005-06. There was a common order and in relation to a dis-allowance on account of suppression of sales to the tune of Rs.48,77,000/-. In relation to that the Tribunal has found that the stock of finished goods of 1015 bags had been accounted for. How it has been accounted is elaborately discussed by the Tribunal in paras 9 and 10 of the impugned order, that is with reference to the questions and answers and also the relevant books of accounts and registers/documents. If the stock as katkam k indicated tallies with the books, then, there was no suppression thereof. This is a finding of fact and with the aid of chart the Tribunal has held that this is not a case where any suppression can be attributed to the Assessee. The finding of fact is that there is no basis to conclude that there is a suppression of sales. The addition therefore is set aside. The concurrent orders have been reversed by the Tribunal by assigning cogent and relevant reasons and after making due reference to the factual materials, the finding of fact therefore is not perverse. There is no merit in this Appeal. It is accordingly dismissed. (A.A. SAYED, J.) (S.C. DHARMADHIKARI, J.)