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2014 (11) TMI 48

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..... wing substantial question of law which has been pressed at the time of argument. "i. Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in law to hold that the addition of account of unexplained cash balance was not justified." A search and seizure operation was carried out on the premises of the assessee on 10.3.1999 and 11.3.1999 and books of account .....

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..... l is that this was done taking into consideration of the physically inventory of stock figure compared with the book stock on the date of search. Sales figure was reduced by the cost and applying the G.P. the figures were arrived at. According to the Ld. Counsel the search was conducted on 10-3-99 i.e. 20 days before the closure of the financial year. Stock is valued on a given date according to t .....

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..... Ld. Counsel and accordingly we order to delete the addition. The assessee succeeds on this ground. xxx xxx xxx" We have heard learned counsel for the Revenue. Finding recorded by the Tribunal clearly shows that the decision on the issue is an adjudication of a factual aspect. Even if two views are possible, the view taken by the Tribunal is not liable to be interfered with under Section 260 A .....

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