2012 (9) TMI 651

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..... bility towards the alleged creditors and there was no evidence placed with respect to the payments made and no consequent acknowledgment of such credits were proved by the assessee the said addition does not give rise to any question of law - against assessee Addition on cash credits - Held that:- As the assessee had contended the cash credits to be advances from customers who had made orders for specified goods but in the same breath contented that the details of the persons who made such advances were not known to them and the said advances were cash infused by the assessee into the business to make up the short fall in cash was found by the Tribunal to be a fact evident and emanating from the assessee's books of accounts - against as .....

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..... ore the two Appellate Authorities is before this court. 2. The assessee has raised three substantial questions of law as hereunder: "1. Whether the authorities below are right in law in sustaining the disallowance of Rs.2,02,160/- by invoking Section 40(a) (ia) for non deduction of TDS on freight charges particularly when Section 194C has no application to the context? 2. Whether the authorities below are right in law in invoking Section 41(1) to sustain the addition of Rs.2,19,670/- in the hands of the appellant in as much as the said head was a liability for the appellant and the same has not been ceased during the concerned accounting year? 3. Whether the authorities below are justified in treating the advance amounts rece .....

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..... at the department had entered the finding of liability to freight charges merely on the fact of the subsequent deposit made. The disallowance was on facts and we are afraid that no question of law arises from the said issue. 4. The next question raised by the assessee is with regard to the two sundry creditors totalling Rs.2,19,670/-; whereagain the assessee had not produced anything to show the subsisting liability towards the alleged creditors. In fact, there was no evidence placed with respect to the payments made and no consequent acknowledgment of such credits were proved by the assessee. The said addition also, in our opinion, does not give rise to any question of law. 5. The last question urged by the assessee is with respect to .....

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