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2013 (1) TMI 570

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..... ncome Tax Act, 1961 (hereinafter referred to as the 'Act') against the order dated 26.8.2009, passed by the Income Tax Appellate Tribunal, Agra (hereinafter referred to as the 'Tribunal'). The Commissioner of Income Tax, Agra has proposed the following substantial question of law said to be arising out of the order of the Tribunal: - "Whether the Hon'ble ITAT was legally correct in deleting the a .....

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..... ngs, the respondent through his authorized representative appeared and submitted documents to show that the information received is not correct. The respondent had filed the declaration under the Voluntary Disclosure of Income Scheme, 1997. The declaration made under the said scheme as also the sales vouchers and proof of the amount of consideration had been received through bank drafts. The partn .....

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..... erein the sale of jewellery etc. to M/s. Bishan Chand Mukesh Kumar, Delhi has been treated as genuine. In support of the realization of old dues, confirmed copy of account has been filed by the appellant in the appellate proceedings in respect of assessment year 1998-99 and copy of the same has also been placed in paper book filed for the year under appeal. The realization of old dues cannot be tr .....

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..... ion supported with document. The Commissioner of Income Tax (Appeals) was justified in deleting the addition in question. We have heard Sri Shambhu Chopra, learned Senior Standing Counsel for the Revenue and Sri Krishna Agarwal, learned counsel for the respondent assessee. Sri Chopra, learned counsel, submitted that the statement of Sri Manoj Kumar was categorical in which bogus transactions and .....

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..... Delhi Sales Tax Act had also been made on the turnover and further, all the purchases and sales have been accepted by the Assessing Authority under the Income Tax Act while completing the assessment for the instant year under Section 143 (3) of the Act. In view of the overwhelming documentary evidence and oral evidence given by the respondent, the Commissioner of Income Tax (Appeals) was perfectl .....

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