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Fenner India Ltd., J.K. Corporation ... vs Commissioner Of Central Excise And ... on 9 August, 2001

13. Mr. Jena, learned counsel appearing for the Appellant pointed out that the AO had mentioned credit balance instead of debit balance and not considered the debit balance of KME amounting to Rs.25,74,770.29/-. In the memorandum of appeal, an entire reconciliation statement as per the ledger account of RIL and KME has been set out. It was contended that treating the debit balance of KME of Rs.1,65,32,778/- as income was erroneous in terms of accounting standards. The debit balance of 25,74,770.29/- in the account of KME could not have been treated as the income of the Assessee. In fact, no information had been called by the AO from KME at all and that would have confirmed ITA No.68 of 2009 Page 5 of 7 to the AO what the debit balance was in its accounts. Reliance was placed on the decision of this Court in J.K. Corporation Ltd. v. Commissioner of Central Excise and Customs, Bhubaneswar 2007 (210) ELT 501 (Ori) where it was held that if the Tribunal does not consider the materials which are furnished before it and comes to a conclusion that consideration of relevant materials was necessary, such finding can be set aside by the High Court.
Customs, Excise and Gold Tribunal - Calcutta Cites 4 - Cited by 2 - Full Document
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