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TMI Blog2013 (11) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench, Rajkot in ITA Nos.1249 to 1252 of 2010 with respect to Assessment Years 2002-03, 2004-05 and 2006-07. 2.01. It is required to be noted that in the respective appeals, the appellant proposed the following substantial questions of law : TAX APPEAL No.847 of 2013 :- "1. Whether Tribunal is right in law and on facts in confirming addition of Rs.24,151/-, Rs.4,443/- & Rs.4,70,000/- towards alleged bogus purchases/sales in contravention of settled principles of law? 2. Whether on facts and in law, the Tribunal has substantially erred in not resorting to provision of section 255 for referring the matter to Full Bench/Special Bench and deciding the disputed issue of purchases & sales in conflict with earlier Tribunal's decision of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hases/sales in contravention of settled principles of law? 2. Whether on facts and in law, the Tribunal has substantially erred in not resorting to provision of section 255 for referring the matter to Full Bench/Special Bench and deciding the disputed issue of purchases & sales in conflict with earlier Tribunal's decision of the same Bench pressed into service by the appellant? 3. Whether on facts and in law, the Tribunal's and conclusion for confirming addition towards purchases and sales for the year under consideration is in ignorance of relevant material on record and taking aid of irrelevant factors not germane to subject matter of appeal with the result that the finding and conclusion of the Tribunal is "vitiated" on facts and in la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned tribunal has not considered and dealt with the decision in the case of Commissioner of Income Tax vs. President Industries reported in 258 ITR 654, relied upon by the assessee and even cited by the assessee in the written submission before the learned tribunal. 3.00. Considering the fact that the decision of this Court in the case of Commissioner of Income Tax vs. President Industries (supra), which was relied upon by the assessee, was cited and pointed out before the learned tribunal, the learned tribunal at least ought to have considered and dealt with the same. From the written submissions, it also appears that the aforesaid decision was cited before the learned tribunal. From the impugned Judgement and Order passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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