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2007 (2) TMI 93

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..... igarh Bench, Chandigarh (for short, "the Tribunal"), has referred under section 256(1) of the Income-tax Act, 1961, the following question of law which emerges from its order dated August 22, 1988, in I. T. A. No. 924/Chandi/ 84 for the assessment year 1980-81 "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in upholding the order of .....

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..... Tribunal in further appeal by the Revenue. 3 We have heard Mr. Yogesh Putney, learned counsel for the Revenue, a with his assistance have perused the paper book. 4 Mr. Putney has vehemently argued that, the findings recorded by the Commissioner of Income-tax (Appeals) as confirmed by the Tribunal are perverse in so far the explanation furnished by the assessee for explaining the cash payment wa .....

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..... he transactions was not in dispute. Referring to rule 6DD of the Income-tax Rules, 1962, which relaxes the rigours of section 40A(3) of the Act. the Tribunal accepted the explanation submitted by the assessee. Even if there is a second opinion possible on reappreciation of the facts as found z accepted by the Commissioner of Income-tax (Appeals) and the Tribunal, this court would not substitute it .....

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