ITR No. 164 of 1999 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 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 GOEL HON'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 the following questions of law for opinion of this Court, at the instance of the assessee, 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 the case, the ITAT is right in deciding the appeal on merit on the exparte 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 high shortage/wastage is a valid ground for invoking section 145 and making suitable estimate of income on account of low yield and unexplained shortage ?” ITR No. 164 of 1999 (O&M) 2 In view of the order passed today in ITR 165 of 1999 (M/s Kanwal Rice Mills Kotkapura Versus The Commissioner of Income Tax, Patiala), the questions referred are answered against the assessee and in favour of the revenue. Reference is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE October 27, 2009 (GURDEV SINGH ) prem JUDGE ITR No. 164 of 1999 (O&M) 3 Note:- Whether this case is to be referred to the Reporter .....Yes/No