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TMI Blog2020 (4) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... ereinafter referred to as 'the Tribunal') in ITA No. 3389/Ahd/2015 by, proposing the following two questions, stated to be substantial questions of law: "(A) Whether the Appellate Tribunal has erred in law and on facts in upholding the order of the CIT(A) deleting the addition of Rs. 19,54,012/- made on account of unexplained expenditure under section 69C of the Act without properly appreciating the facts of the case and the material brought on record? (B) Whether the Appellate Tribunal has erred in law and on facts in upholding the order of the CIT(A) deleting the addition of Rs. 1,59,184/- made on account of unexplained current liability without properly appreciating the facts of the case and the material brought on rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ried the matter in appeal before the Commissioner (Appeals), who deleted the addition. The revenue carried the matter in appeal before the Tribunal but did not succeed. 4.1 As can be seen from the order passed by the Commissioner (Appeals), she has found that the assessee along with the month-wise details of purchase and sale of wheat and wheat atta (flour) showed that the atta that was sold by the assessee was converted from the stock of wheat that was already available with it. Therefore, the purchase of stock of such atta was reflected in the wheat purchase account and not in the atta purchase account. The Commissioner (Appeals) noted that the assessee had submitted documentary evidence to demonstrate the same, which was found to be cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot find any merit in the ground of appeal of the revenue. Therefore, the same is dismissed." 4.3 Thus, the conclusion arrived at by the Tribunal is based upon concurrent findings of fact recorded after appreciating the material on record. The learned Senior Standing Counsel for the appellant is not in a position to point out any material to the contrary so as to dislodge the findings of fact recorded by the Tribunal nor has it been pointed out that the Tribunal has placed reliance upon any irrelevant material or that any relevant material has been ignored. Under the circumstances, the conclusion arrived at by the Tribunal being based upon a pure finding of fact recorded after appreciating evidence on record, in the absence of any perversit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position to submit reconciliation as regards difference between its accounts with Gujarat Agro Sortex Pvt. Ltd., the Commissioner (Appeals) deleted the addition. The Tribunal, in the impugned order, has concurred with the findings recorded by the Commissioner (Appeals). 5.2 The record of the case reveals that the assessee had been purchasing goods from GASPL and was also getting job work from them. The Assessing Officer called for the contra accounts of GASPL and compared them with corresponding accounts in the assessee's books of account which showed a difference of Rs. 1,59,184/-. It appears that such difference was because of the fact that the assessee maintained two accounts of GASPL one in respect of job work and the other in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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