TMI Blog2015 (3) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... HIGH COURT) when the learned tribunal has allowed the appeal and has deleted the addition of ₹ 31,82,258/- under Section 41(1) of the Act, it cannot be said that the learned tribunal has committed an error, which calls for the interference of this Court. - Decided against revenue. - Tax Appeal No. 122 of 2015 - - - Dated:- 11-3-2015 - M. R. Shah And S. H. Vora,JJ. For the Appellant : Mrs Mauna M Bhatt, Adv. For the Respondent : None ORDER (Per : Honourable Mr. Justice M. R. Shah) (1.0) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as the tribunal ) dated 20/06/2014 in ITA No.35/Ahd/2011 for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 01/12/2009 was requested to show-cause as to why the sundry creditors shown by him in the balance sheet should be added to the total income of the assessee treating the same as bogus liability and cessation of liabilities under Section 41(1) of the Act. (2.2) It appears that to verify the genuineness of the sundry creditors, further information under Section 133(6) of the Act was called for from the creditors shown by the assessee for confirmation by sending letters by speed post and the same were received back unserved by postal authorities except Aman Road Lines and, therefore, the assessee was called upon to show cause as to why the sundry creditors shown by him in the balance sheet should not be added in the total income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have heard Ms. Mauna Bhatt, learned advocate appearing on behalf of the appellant and perused the impugned judgment and order passed by the learned tribunal, the order passed by the Assessing Officer and the judgment and order of the learned CIT(A). It is required to be noted that all the sundry creditors were shown in the return for the Assessment Year 2007-08 who were already shown as sundry creditors in the earlier Assessment Year 2006-07 and, therefore, as such, there was no remission or cessation of liability during the year under consideration and the Assessing Officer was justified in making the addition under Section 41(1) of the Act. (3.1.) Considering the above and relying upon the decision of this Court in the case of Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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