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TMI Blog2013 (10) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... dra K. Garg ORDER (Delivered by Hon'ble Dr. Satish Chadra J.) Present Appeal under Section 260-A of the Income Tax Act 1961 has been preferred by the Department against the judgment and order dated 30.12.2009 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No.876/Luc/2008 for the assessment year 2004-05. On 06.09.2009 a coordinate Bench of this Court has admitted the ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said addition. The Tribunal confirmed the same. Still not being satisfied, the department has filed the present appeal. With this backdrop, Sri Prashant Kumar learned counsel for the department submits that no proper evidence was given by the assessee to establish the genuineness of the said creditors. The Tribunal has not appreciated its facts. Lastly, he made a request that the addition may k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n various categories who have supplied the Yarn to the assessee factory. All the purchase bills were reflected in the books of accounts. The payments were made by the cheque. In some categories, the payment of interest was made to the creditors and reflected in a separate interest account, which was verified by the A.O. Lastly, he made a request to dismiss the appeal. After hearing both the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the entries are reflecting in the books of accounts. The last category was pertaining to the purchase of yarn and job work. The confirmations were received from the creditors in respect of the purchase of yarn. All the purchase vouchers were verified and the payments were made to sales agent by cheque, which is fully supported by documentary evidence. In the instant case, only a few creditors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hay Ram 224 ITR 610 SC. In the instant case, concurrent findings have been given by both the appellate authorities and in the absence of any adverse material, we confirm the same. Hence, we decline to interfere with the impugned order passed by the Tribunal. The same is hereby sustained along with the reasons mentioned therein. The answer to the substantial question of law is in favour of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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