TMI Blog2008 (9) TMI 513X X X X Extracts X X X X X X X X Extracts X X X X ..... t- the genuineness of the transactions and the identity of the depositors had been established and nothing had been brought on record to contradict the findings of fact recorded by the Commissioner (Appeals) as noted by the Tribunal. This was a pure question of fact. The deletion of the addition made under section 68 of the Act, was justified. - 654 of 2008 - - - Dated:- 17-9-2008 - D. A. MEHT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961 (the Act). The assessee carried the matter in appeal before the Commissioner (Appeals) and succeeded. When the Revenue filed an appeal before the Tribunal the addition was deleted by recording the following findings : "7. We have heard the rival submissions, perused the orders of lower authorities and the materials available on record. We find that the Assessing Officer has treated the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redits. The Assessing Officer has accepted the genuineness of the persons and the trans-actions. The transactions are through banking channel. The learned Commissioner of Income-tax (Appeals) has further observed that four creditors residing at America could not appear before the Assessing Officer but their affidavits were filed except for non-appearance of the creditors, the Assessing Officer has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of the transactions and the identity of the depositors have been established and nothing has been brought on record to contradict the findings of fact recorded by the Com-missioner (Appeals) as noted by the Tribunal. In the circumstances, the issue being a pure issue of facts and appreciation of evidence, no question of law, much less a substantial question of law, as proposed or otherwise, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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