TMI Blog2019 (11) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... hereby dismissed. - INCOME TAX APPEAL NO. - 180 of 2012 - - - Dated:- 15-10-2019 - Hon'ble Bharati Sapru, J. And Hon'ble Rohit Ranjan Agarwal, J. Counsel for Appellant:- C.S.C., Manu Ghildiyal Counsel for Respondent:- Suyash Agrawal ORDER Heard Sri Gaurav Mahajan along with Sri Manu Ghildiyal, learned counsel for the appellants and Sri Suyash Agrawal, learned counsel for the respondent-assessee. Present appeal under Section 260-A of the Income Tax Act has been filed assailing the judgment and order of the Income Tax Appellate Tribunal, Delhi Bench G New Delhi (hereinafter called as 'ITAT') dated 17.03.2006. The appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s companies and there was no physical transfer of machinery? (4) Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that the contribution by the assessee to the molasses reserve fund amounting to ₹ 3,42,040/- is allowable as the same being statutory liability of the assessee? (5) Whether on the facts and circumstances of the case, the Tribunal was justified in law in deleting the addition of ₹ 59,65,900/- made on account of under billing in respect of free sale of sugar without appreciating that the Indian Evidence Act clearly speaks that when documentary evidence is available no oral evidence can be adduced? At the very outs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenge. Having heard counsel for the parties and having examined the records of the case, we find that substantial question of law nos. 1, 2, 3 and 4 have already been decided in Income Tax Appeal No. 390 of 2006 on 17.10.2016 as substantial question of law nos. 1, 4, 5 and 8 between the parties. As regard substantial question of law no. 5, we find that AO had made addition only on the basis of newspaper quotation which was deleted by the CIT(A) and the finding being confirmed by the Tribunal. The same being concurrent finding finding of fact, we decline to interfere in the finding recorded by the authorities below and the appeal is hereby dismissed. The question of law, therefore, is answered in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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