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TMI Blog2014 (5) TMI 969X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Ajay Kumar Mittal,J. CM No.19021 CII of 2013 1. The documents Annexures R.1 to R.8 are allowed to be taken on record. CM stands disposed of. ITA No.213 of 2009 2. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act,1961 (in short, the Act ) against the order dated 8.10.2008, Annexure A.3 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (in short, the Tribunal ) in ITA No.72 (ASR)/2006, for the assessment year 2002- 03. The appeal was admitted on 11.8.2009 for determining the following substantial questions of law:- I) Whether on the facts and circumstances of the case, the ITAT was right in law in holding that the AO has not discharged his onus in proving th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to the tune of Rs. 29,66,953/-. The assessee stated before the Assessing Officer that it was the duty of the department to show that the liability had been ceased or was no more existing. The explanation was rejected by the Assessing officer since the assessee failed to substantiate the genuineness of the existence of creditors. Vide order dated 28.2.2005, Annexure A.1, the Assessing Officer made an addition of Rs. 29,66,953/- by invoking the provisions of section 41(1) of the Act. Aggrieved by the order, the assessee went in appeal before the Commissioner of Income Tax (Appeals) [CIT(A)]. Vide order dated 30.12.2005, Annexure A.2, the CIT(A) deleted the addition of Rs. 29,66,953/-. Not satisfied with the order, the revenue filed appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment orders passed by the concerned Assessing Officers under Section 143(3)/153(C) of the IT Act for the assessment years 2003-04 to 2009-10 are enclosed herewith. 4. Sundry Creditors have already paid their dues in the subsequent years. The above communication dated 12.3.2014 is taken on record. 6. A perusal of the aforesaid communication clearly shows that it was not disputed by the department that in assessments framed under sections 143(3)/153(C) of the Act for the assessment years 2003-04 to 2009-10, the liabilities towards above-mentioned Sundry creditors were made in the subsequent assessment years which was accepted by the revenue. 7. In view of the above, it was agreed by the learned counsel for the parties that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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