TMI Blog2015 (11) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... addition. If in fact the genuineness of the sales have been proved by the Assessee and the amount received from such sales offered to tax then the addition made by the AO was in the facts and circumstances of the case not justified. The Court is not persuaded to hold that there is any perversity in the above factual findings of the CIT (A) and the ITAT warranting interference. - Decided against revenue. - ITA 365/2015, ITA 417/2015, ITA 522/2015 - - - Dated:- 21-8-2015 - DR. S.MURALIDHAR AND MR. VIBHU BAKHRU, JJ. For The Appellant : Ms.Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshami Gurung, Junior Standing counsel. For The Respondent : Mr. Ved Jain, Advocate with Mr. Pranjal Srivastava, Advocate. ORDER 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... siness and merely provided accommodation entries to the Assessee. 4. As far as the Assessee was concerned the AO noted that for the AY 2006- 07, an amount of ₹ 1,17,12,111 was received by the Assessee from the bank account of Mr. Ravinder Yadav. In response to the a query raised by the AO as regards the genuineness of the sales purportedly made by the Assessee, a reply was filed by it on 10th December 2010, inter alia, stating that as a policy matter the Assessee did not sell goods against cash and insisted that the customers should make payments through banking channels only. It was stated that it was possible that some of the customers might have arranged DDs from Mr. Yadav, but as far as the Assessee was concerned they have sol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable in the stock records. The CIT (A) accordingly deleted the addition. Thereafter the Revenue went in appeal before the ITAT. 7. In the impugned order, the ITAT observed that the determination by the CIT (A) was purely factual and nothing has been placed before us to controvert the above facts . The ITAT further observed that The fact remains that genuineness of the transaction stands un-assailed on record. The drafts/pay orders received against sales made stands consistently accepted by the assessee. 8. In the present appeal the point urged on behalf of the Revenue is that what was added in the hands of Mr. Ravinder Yadav was commission for issuing the DDs and POs and therefore the CIT (A) was not right in deleting the addit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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