TMI Blog2013 (10) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... Shanker Sharma recorded before the search authorities that the assessee provided accommodation entries was not sufficient for the income to be assessed in the hands of the assessee - Decided against Revenue. - D.B. IT Appeal Nos. 256 of 2010 AND 26 & 39 of 2011 - - - Dated:- 25-2-2013 - Ajay Rastogi and Veerendr Singh Siradhana , JJ. For the Appellant : J.K. Singhi and Anuroop Singh. For the Respondent : Naresh Gupta. ORDER:- Instant three appeals since arise from common judgment of Income Tax Appellate Tribunal ("Tribunal") dt.31.03.2010, hence heard together disposed of by the present order. The revenue has preferred instant appeals U/s 260A of Income Tax Act,1961 ("Act, 1961") assailing judgment of the Tribunal dt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accommodation entries and the present assessee was middle man and invoking Sec.68 of the Act, it was considered to be part of the income in the hands of the assessee. However, on appeal preferred before the Commissioner (Appeals) by the assessee U/s 143(3) r/w 147 of the Act, 1961 all the factual statements were examined at length and the Commissioner (Appeals), after due appreciation of material which came on record, observed that from independent enquiry the copies of bank account were obtained by the assessing officer and found that for clearing of the cheques issued by these companies either cash was deposited in the same account or in another account of the group company in fact was M/s. B.C. Purohit of which the present assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved that merely on the basis of oral statement of Kripa Shanker Sharma recorded before the search authorities that the assessee provided accommodation entries was not sufficient for the income to be assessed for a sum of Rs.5 Lacs in the hands of the assessee and while allowing the cross objection filed by the assessee dismissed the appeal preferred by the revenue under order impugned. We have heard the parties at length and of the view that what has been observed by the Commissioner (Appeals) the Tribunal appears to be based on factual matrix and there appears no substantial question of law arises which may require interference by this Court to be examined in the instant appeal. Consequently, the instant appeals are wholly devoid of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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