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2009 (7) TMI 1146

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..... with this revision and the substantial question of law sought to be raised is as under: "Whether in the facts and circumstances of the case, the Tribunal is legally correct in merely affirming the conclusions the first appellate authority without independent appreciation of the merits as final fact finding authority in relation to the deletion of actual addition of Rs.5,54,125/- and equal addit .....

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..... manufacturer of grey cloth, the sales turnover accounts revealed the value of cloth in a sum of Rs.2,24,97,012/-. The Appellate Assistant Commissioner also found as a matter of fact that the yarn account and the converted cloth account tallied for the entire period of the financial year 1995-96. In the above said circumstances, the Appellate Assistant Commissioner thought it fit to delete the equa .....

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..... iz., 13.12.1995, the relevant invoices and delivery challans were produced before the Assessing Authority as well as before the Appellate Assistant Commissioner and the Tribunal. Having regard to the fact that necessary entries were found in the stock register on the date of inspection viz., 13.12.1995, the Appellant Assistant Commissioner held that the subsequent production of the relevant copies .....

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..... ear 1995-96. Having regard to such a conclusion reached by the Appellate Assistant Commissioner, which were based on relevant acceptable material evidence, the deletion of equal additional alone by the Appellate Assistant Commissioner cannot be found fault with. Equally, the confirmation of the same by the Tribunal in the absence of any other factor brought to its notice to dislodge the above find .....

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