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TMI Blog2013 (10) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Present appeal has been filed by the Department under Section 260A of the Income Tax Act, 1961, against the judgment and order dated 18.07.2005, passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No.1202/Luc/1998, for the Assessment Year 1995-96. On 31.01.2006, a Coordinate Bench of this Court has admitted the appeal on the following substantial question of law:- "Whether on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee. From the record, it appears that assessee company is in liquidation and the Hon'ble jurisdictional High Court has appointed the Official Liquidator and the notice was sent to the Official Liquidator. The Official Liquidator vide his letter dated Nil has stated that the Hon'ble Allahabad High Court in the case of Mrs. Nargis Mallik Vs. Official Liquidator vide order dated 16th December ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gregating to Rs.15,34,846/-. The assessee is a transporter who hired the services of the trucks from other transporter companies. For the payment of Rs.5,05,867/-, TDS certificate was already submitted. When tax is deducted on this amount, there is no question to make the addition again. Regarding the payment to M/s Khalsa Goods Carriers, it appears that CIT(A) observed in its order that there w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troller of State, 253, ITR 692 SC; and Janardan Rao Vs. Joint CIT (2005) 273 ITR 50 SC. In the instant case, there is a concurrent findings of both the appellate authorities that the payments were genuine and the Department has no adverse material in its possession except relying on the order of the A.O. Moreover, genuineness of payment is a question of fact. When it is so, then we find no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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