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2016 (2) TMI 272

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..... ounts were debited to the account of the creditor on several different dates showing payment to have been made by cash to the said creditor - Dee Jay Steels, New Delhi, all amounts below ₹ 20,000/-. All such findings of fact noticed by all the three authorities being essentially finding of fact, in our view the impugned order of the Tribunal is well reasoned and is not required to be interfered with as no perversity is noticed. We find no substantial question of law involved in the instant appeal. - D. B. Income Tax Appeal 187/2014 - - - Dated:- 7-1-2016 - Ajay Rastogi And J K Ranka, JJ. For the Appellant : Mr. P.K. Kasliwal, counsel JUDGMENT By the Court ( Per J K Ranka, J. ) 1. The instant appeal u/sec. 260A is d .....

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..... the three cheques were presented over counter by bearer of the cheques and favouring self. Faced with the said material brought on record by the AO, the assessee filed a reply on 4.12.2009 mentioning therein that it could not get the confirmation from the said creditor and surrendered the amount for taxation in order to avoid further litigation and to have mental peace, and thus entire amount of ₹ 4,76,537/- was offered for taxation. The AO accordingly made an addition u/sec. 41(1)(a) of the Income Tax Act, 1961. The other additions were also made. 4. The matter was carried in appeal before the learned Commissioner of Income Tax (Appeals), who also insofar as the above addition is concerned, after analysing the material on record u .....

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..... urther contended that the CIT(A) had accepted the contention of the assessee but wrongly upheld the addition and entirely a different case was made out so also the Tribunal erred in upholding the addition and contended that the order of the Tribunal is perverse and substantial questions of law arise out of the order of the Tribunal. 6. We have heard the counsel for appellant and perused the impugned order so also the material on record and in our view no substantial question of law can be said to arise out of the order of the Tribunal. We have already noticed the backdrop of the addition of ₹ 4,76,537/- and it would be appropriate to quote the written reply of the assessee addressed to AO dated 4.12.2009 :- With reference to t .....

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