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TMI Blog2017 (1) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal while upsetting the finding recorded by the CIT with regard to the verification of the sundry creditors, does not record anywhere in his order that the details as provided by the assessee of the sundry creditors were ever subjected to any kind of the verification. This contention is correct. The order of the tribunal does not record that even though material was there before it, whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment against the order of tribunal dated 5.2.2010 for the assessment year 2005-06. The questions of law sought to be answered are as under: 1. Whether on the facts and in the circumstances of the case, the ITAT has erred in law in holding that the CIT's order directing the AO to obtain the addresses of sundry creditors and verify them is not according to the parameters and principles g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sundry creditors and in cancelling the part of the order on the issue about the sale of land and valuation of the stock at the low rates? We have heard Sri Ashish Agarwal for the department and have perused the record. Learned counsel has strenuously argued that the tribunal while upsetting the finding recorded by the CIT with regard to the verification of the sundry creditors, does not re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on should have been made. In the absence of any findings being recorded with regard to the verification of the details, no doubt prejudice would be caused to the interest of revenue if without examining the details any order was passed. In view of the above, the order of the tribunal is set aside. The order of the CIT is affirmed. The questions referred to are answered in favour of the depar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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