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TMI Blog2013 (10) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... ditions - Both CIT [A] as well as the Tribunal when have concurrently held on an issue which is predominantly factual in nature, they deleted the addition – Decided against the Revenue. - Tax Appeal No. 691 of 2013 - - - Dated:- 5-8-2013 - M. R. Shah And Sonia Gokani,JJ. For the Appellant : Mr. Manav A. Mehta, Advocate ORDER (Per : Honourable Ms. Justice Sonia Gokani) Draft amendment is allowed. Amendment shall be carried out forthwith. Following are the substantial questions of law, proposed by the Revenue being aggrieved by the Order dated 22nd March 2013 passed by the Income Tax Appellate Tribunal, Ahmedabad D Bench, Ahmedabad [hereinafter referred to as, the Tribunal ] in ITA No. 2595 2729/Ahd/2011. These are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with the address and PAN numbers had been supplied to the Assessing Officer. The Assessing Officer, not being satisfied, chose to make addition of the entire amount. Assessee, aggrieved by the same, challenged such additions before the CIT [A]. CIT [A] dealt with this issue extensively and held that the Assessing Officer failed to appreciate the submissions of the assessee that this was booking deposits and there was no question of producing the registration of agreements of sale. It further empathetically held that during the course of assessment proceedings when the assessee had insisted that the depositors can be verified under section 133 [6] of the Act, it was an erroneous step on the part of the Assessing Officer not to have made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt evidences having been putforth by the assessee. Both the authorities have concurrently held the issue in favour of the assessee and moreover, the entire issue is essentially in the realm of facts. No question of law, therefore, arises and hence this issue deserves no further consideration. With regard to second question ie., Question {B} of deleting the addition of an amount of Rs. 13,75,874/= made on account of cessation of liability. It can be gathered from the record that the assessee had shown fourteen creditors in the books of account. When directed by the Assessing Officer to furnish confirmation of the creditors, the PAN numbers, copy of the bank statements as also acknowledgment of the return filed by the creditors and all othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. We have heard rival contentions and perused the material on record. The appellant had given names and addresses of the creditors with PAN number. It has been also requested before the A.O in the case of any doubt that the learned A.O can issue notice u/s. 133 (6) of the I.T Act for verification which has not been done by the A.O. Thus, primary burden has been discharged by the appellant, therefore, no addition is warranted. Accordingly, we confirm the order of the CIT [A]. We find no error in the approach of either of the Revenue authorities. Both CIT [A] as well as the Tribunal when have concurrently held on an issue which is predominantly factual in nature and when no error has been committed, this issue also deserves no further co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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