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TMI Blog2015 (9) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... CE A.J.DESAI) 1. By way of the present appeal filed under Section 260A of the Income-tax Act, 1961, the revenue has challenged the order dated 30.01.2004 passed by the Commissioner of Income Tax (Appeals)VII, Ahmedabad (herein after referred to as 'the CIT (Appeals)' for short) in CIT Appeal No. CIT(A)VII/ Wd.3(4)/49/032004 as well as the order dated 30.01.2009 passed by the Income Tax Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee made payment by way of cheques and therefore there is no question of making false entries in the books of account with regard to the purchase. The CIT (Appeals), by relying upon the decision in case of Vijay Proteins Ltd. V. Commissioner of Incometax reported in [2015] 58 taxman.com 44(Gujarat), held that the assessee would be liable to pay the income tax only to the ratio of 20% of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of the respondent assessee is squarely covered by the above referred decision. 6. Heard learned advocate for the respective parties. Perused the orders passed by the CIT (Appeals) as the the ITAT and the ratio laid down by the division bench of this Court in case of Vijay Proteins Ltd. V. Commissioner of Income-tax (supra) and considering the above, we are of the opinion that the present app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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