TMI Blog2017 (11) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of CIT(A) in deleting the addition. - Income Tax Appeal No. 226 of 2007 - - - Dated:- 11-10-2017 - Hon'ble Abhinava Upadhya And Hon'ble Ashok Kumar, JJ. For the Appellant : Shubham Agarwal,CSC,S.S.C. I.T. For the Respondent : Shakeel Ahmad ORDER This is an Income Tax Appeal filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'The Act'). By means of present appeal the Commissioner of Income Tax, Varanasi has challenged the order and judgment dated 17.07.2006 passed by the Income Tax Appellate Tribunal in ITA No.981/Alld/2000. The following questions of law are referred for consideration by this Court. (1) Whether on the facts and in the circumstances of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been submitted by the assessee which has not been accepted by the assessing authority by saying that assessee is not able to give the identity of the persons concerned and not able to produce them, hence the claim of the assessee that he has purchased the goods on credits is not correct and acceptable. Aggrieved by the order of the assessee, an appeal has been filed before the Commissioner of Income Tax (Appeals), Varanasi. The Commissioner of Income Tax (Appeal) has considered the submissions as well as verified the facts of the case and has passed the order holding that the addition made by the assessing authority being illegal and unacceptable as such had deleted the same. For the ready reference the observation of the CIT(Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... customer after a pretty long time and, therefore, it will be paid as and when the fund will be available. Thus in my opinion action of A.O. is quite baseless without any evidence, purely based on surmises and conjuncture and, therefore, it can not be upheld. Addition made being illegal, and undesirable, same is deleted. Appellant gets relief of ₹ 1,62,14, 438/-. Against the order of the CIT (Appeals) the department has filed the appeal before the ITAT which is decided by the ITAT vide the order dated 17.07.2006, which is under challenge before this Court. The ITAT has considered the decision of the CIT(Appeals) and has held that the finding recorded by the CIT(Appeals) are correct. While deciding the appeal the ITAT has also co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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