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2022 (3) TMI 1043 - DELHI HIGH COURTUnexplained expenditure u/s 69C - ITAT has erred in upholding the decision passed by CIT(A), whereby it has deleted the additionHELD THAT:- This Court finds that in the questions of law framed by appellant the emphasis is on the factum that the entities from whom the purchases had been shown to have been made by the respondent-assessee were bogus and non-existent, on the ground that such entities were not found existing during the search and post search proceeding. Both, CIT(A) as well as ITAT, have given concurrent findings of fact that purchases made by the respondent-assessee were genuine and the Assessing Officer had neither doubted the receipt of goods by the appellant nor the payment made for the same through banking channels. Since the assessee has shown the purchases and the quantification is based on the evidences/documents placed on record. CIT(A) was right in deleting the protective assessment as in both the years, the purchases cannot be held unexplained u/s 69C in light of the observations made hereinabove para while giving finding to A.Y. 2011-12 by us. This Court is of the opinion that no question of law arises for consideration in the present appeal and the same is dismissed.
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