M/S Sethi Rice Mills, Kotkapura v. The Commissioner Of Income Tax, Patiala

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITR No. 164 of 1999 (O&M)Date of decision: October 27, 2009 M/s Sethi Rice Mills, Kotkapura ...Appellant Versus The Commissioner of Income Tax, Patiala ...Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE GURDEV SINGH Present: None for the assessee.Ms. Savita Saxena, Advocate, for the revenue. ORDER The Income Tax Appellate Tribunal, Amritsar, has referred thefollowing questions of law for opinion of this Court, at the instance of theassessee, arising out of its order dated 29.7.1998 in ITA No. 138 (ASR)/1992 for the assessment year 1990-91:- “1. Whether as per peculiar facts and circumstances of thecase, the ITAT is right in deciding the appeal on merit on theexparte orders passed by the CIT (A) on merit ? 2. Whether, on the facts and in circumstances of the cases,low yield of finished goods or unexplained highshortage/wastage is a valid ground for invoking section 145and making suitable estimate of income on account of low yieldand unexplained shortage ?” In view of the order passed today in ITR 165 of 1999 (M/sKanwal Rice Mills Kotkapura Versus The Commissioner of IncomeTax, Patiala), the questions referred are answered against the assessee andin favour of the revenue. Reference is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE October 27, 2009 prem (GURDEV SINGH ) JUDGE Note:- Whether this case is to be referred to the Reporter .....Yes/No