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TMI Blog2015 (12) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Mukesh Agrawal, learned counsel JUDGMENT This is revenue's appeal under Section 260-A of the Income Tax Act calling in question tenability of an order dated 29.12.2009 passed by the Income Tax Appellate Tribunal. Assesse being engaged in manufacturing of bear and bottling along with other Indian made foreign liquors. On 30.11.2000 a return of income of Rs. 1,60,96,580/- was filed. The cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had made the deposit were not found to be creditworthy and as the genuineness of the transactions is not established, concurrent findings were recorded by both the Assessing Officer and the Commissioner Appeal and in a perverse manner the tribunal has interfered in this assessment. Accordingly it is stated that interference with assessment pertaining to deletion, on this count an error is committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rprises. Finding that the genuineness and creditworthiness of these deposits are not established and there is no evidence to show that these deposits were made genuinely, the amount was disallowed by the Assessing Officer and the Commissioner Appeal. However, while reconsidering the matter the tribunal found that with regard to this deposit of Rs. 15,00,000/-, the same was made by M/s. High Spirit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ror is committed by the tribunal warranting reconsideration, accordingly we find no ground to go into this question. As far as second ground is concerned it pertains to reducing the sum of Rs. 6,14 ,986/- to Rs. 2,40,980/- being the late deposit of provident fund and not depositing the provident fund collected without assigning any reason after the statutory due date with the provident fund autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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