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2015 (10) TMI 1416

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..... he assessment year 2008-09 is directed against the order of the CIT(A). The ground of appeal No. 1 is as under : 1. " On the facts and in the circumstances of the case, the CIT(A) has erred in law and on facts in deleting the addition of Rs. 16,50,000/- made by the Assessing Officer on account of cash paid to Shri Sukhdev Singh." 2. Ld. DR submitted the amount of Rs. 16.5 lacs was paid by the as .....

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..... lacs to its partner Shri Sukhdev Singh and the necessary entries were passed in the regular books of account of the assessee firm. The cash entry of Rs. 16.5 lac was reflected in the ledger account of Shri Sukhdev Singh in the books of account of the assessee firm, copy of which has been filed by the assessee before the CIT(A). The CIT(A) in these facts held that AO did not properly appreciate the .....

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..... of the case of the revenue. She referred to the portion of the assessment order wherein the AO has recorded that notices issued u/s 133 (6) of the Act to some of the parties from whom purchases were made were returned as unserved by the postal authorities. She submitted that the onus was on the assessee to prove the genuineness of the purchases of building material and the assessee has failed in .....

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..... ssue. The CIT(A) has given a finding that there is no basis for holding by the AO that these transactions of purchases were not for business purposes of the assessee. The purchases were supported by the purchase bills produced by the assessee. The complete postal address of the seller parties were furnished to the AO. The CIT(A) has recorded that during the relevant year the assessee has diversifi .....

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