TMI Blog2013 (10) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... tax is deducted on this amount, there is no question to make the addition again. There is a concurrent findings of both the appellate authorities that the payments were genuine and the Department has no adverse material in its possession except relying on the order of the A.O. Moreover, genuineness of payment is a question of fact, which has already been adjudicated – Decided against the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the learned CIT (Appeals) and the findings recorded by him are perverse as they are against the evidence on record." The brief facts of the case are that the assessee company had filed its return by declaring income of Rs.74,410/-. But the A.O. has complete the assessment under Section 143 (3) on 30.03.1998 on the total income of Rs.16,09,250/-. The CIT(A) has deleted the additions and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in the said letter that the appeal in question filed by the Department is prior to winding up order may be perused with the Ex Management/Directors of the assessee company. It is further stated that the appeal be decided on merits keeping in view the winding up orders. From the record, it also appears that during the course of the assessment proceedings, A.O. has issued notice under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The CIT(A) has considered all the facts and giving the findings which were upheld by the Tribunal regarding the genuineness of the payment. Needless to mention that the CIT(A) has coterminous power of the A.O. An appellate authority has all the powers which the original authority has subject to condition/restriction, if any, prescribed law as per the ratio laid down in the case of Joot Corp. o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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