TMI Blog2003 (7) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessee and brought to tax in the hands of the assessee – Assessee’s contention that section 68 of the Act can be invoked only, when, the books of account of the assessee show the cash entry and not otherwise, cannot be accepted - - - - - Dated:- 21-7-2003 - Judge(s) : DEEPAK VERMA., S. K. SETH. JUDGMENT This appeal under section 260A of the Income-tax Act, 1961 (hereinafter for short ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee claimed that it had purchased water tanks from Surya Services of Rs. 72,100 and made the entry in the books of account as a liability. The Assessing Officer, after recording the statement of Mr. Anurag Shrivastava, one of the partners of the assessee, who was alleged to be the proprietor of Surya Services and after examining the bank accounts of the Surya Services, found that the who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... About the possession of tanks of various sizes with M/s. Surya Services from whom the appellant had purchased goods worth Rs. 72,100, it is explained that date of bill is April 3, 1980, and delivery challan is dated March 28, 1989, and March 30, 1989, and cheque dated for payment is April 15, 1989. About the cheque of the Assessing Officer that there was pre-dating of invoices from Surya Services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal, who, after examining the documents in detail, found, that no infirmity can be attributed to the order of the Assessing Officer from the Commissioner of Income-tax (Appeals). Thus, the contention of the assessee was rejected. Learned counsel, appearing for the assessee placing reliance on the decision of the Supreme Court reported in Baladin Ram v. CIT [1969] 71 ITR 427 and the decisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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