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2018 (2) TMI 1945 - HC - Income TaxDisallowance of the credit claimed - re-opening of assessment on the basis of a statement made by one Mr. S.K. Gupta - HELD THAT:- AO in the re-assessment order refused to give effect to the retraction of that statement, brushing aside the later statement, on the ground that it was made years later. At the same time, this Court for another Assessment Year (AY 2002-03) held that whilst it was open to the AO to not rely upon the statement taken into account or rather ignore the retraction, yet, primary duty to verify the soundness of the claim of having been made genuine payment had to be gone into and verified. This was not done and consequently in Principal Commissioner of Income Tax (Central)-I vs. M/s FIIT JEE Ltd. [2018 (1) TMI 1396 - DELHI HIGH COURT] the Court upheld the order of ITAT setting aside the additions on merits made during the re-assessment. Since on the merits, the additions are not sustainable, the Court is of the opinion that no substantial question of law arises.
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