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Section 69A of the Income-tax Act, 1961 - Unexplained moneys - Block period 1-4-1996 to 3-9-2002 - Anti-evasion wing of Central Excise Department visited assessee's factory premises - Officers of said department found discrepancy in stock - On basis of proceedings initiated by Excise Department, Assessing Officer added certain amount to assessee's income under section 69A - Commissioner(Appeals) upheld addition made by Assessing Officer - On further appeal, Tribunal concluded that when CESTAT finally decided issue in favour of assessee holding that there was no such discrepancy in stock as so initially made out by Excise Department, there was no justification to sustain addition in hands of assessee - Whether since revenue had not been able to point out any independent evidence with regard to discrepancy in stocks, impugned order passed by Tribunal deleting addition did not require any interference - Held, yes Ms. Rashmi Chopra for the Appellant. JUDGMENT Badar Durrez Ahmed, J. - This appeal is directed against the order passed by the Income-tax Appellate Tribunal (ITAT) on 21-11-2008 in I.T. A. No. 349/Delhi/2005 pertaining to the block period from 1-1-1996 to 3-9-2002. 2. The Assessing Officer had noticed discrepancy of stock and, therefore, held that this represented undisclosed income to the tune of Rs. 18,80,710. The discrepancy in the stock was on the basis of a visit by the Anti-evasion Wing of the Central Excise Department of the respondent's factory premises. 3. The Commissioner of Income-tax (Appeals) confirmed the order of the Assessing Officer. However, the addition was set aside by the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal held as under : "10. After considering the totality of the facts and circumstances of the case and taking into account the decision of the CESTAT, we are of the considered view that no addition as so upheld and enhanced by the learned Commissioner of Income-tax (Appeals), is called for. On perusal of the Assessing Officer's order as well as learned Commissioner of Income-tax (Appeals) order, there is no doubt in saying that these additions have been made purely on the basis of the facts stated in the…

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