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TMI Blog2019 (1) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the facts of the case. We find no infirmity in such findings. Thus we dismiss all these grounds of the revenue. - I.T.A. No. 341/Kol/2013, I.T.A. No. 403/Kol/2013 - - - Dated:- 16-5-2018 - Sri J. Sudhakar Reddy, Accountant Member Sri S.S. Viswanethra Ravi, Judicial Member For the Assessee : Shri Somnath Ghosh, Advocate For the Revenue : Shri Saurabh Kumar, Addl. CIT, DR ORDER PER J. SUDHAKAR REDDY :- These are cross appeals directed against the order of the ld. Commissioner of Income Tax (Appeals) XXXVI, Kolkata, (hereinafter the ld. CIT (A) ), passed u/s 250 of the Income Tax Act, 1961 (the Act ), dt. 18/12/2012, relating to Assessment Year 2008-09. 2. The assessee is an individual and is in the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws:- First we take up the assessee s appeal being I.T.A. No. 341/Kol/2013; Assessment Year: 2008-09. 5. The sole issue that is agitated in the assessee s appeal is that benefit to the extent of opening peak balance as on 01/04/2007 has to be given to the assessee. We find that the ld. CIT(A) at para 7.2. last line of his order accepted this contention of the assessee. Thus, we direct the Assessing Officer to delete the amount of ₹ 3,85,217/-, from the peak credit of ₹ 18,42,911/- sustained by the ld. CIT(A). Accordingly, the assessee gets relief of ₹ 3,85,217/-. 6. In the result, appeal of the assessee is allowed. 7. We now take up the revenue s appeal being I.T.A. No. 403/Kol/2013; Assessment Year: 2008-09. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of undisclosed bank deposit. 8.2. Respectfully following the same, we dismiss Ground No. 1 2 of the revenue s appeal. 9. Ground No. 3 is against the deletion of disallowance made u/s 40A(3) of the Act. 10. We find that the payments in question were made to firms for the purchase of potatoes. Such payments are covered within the scope of Rule 6DD(e)(i) of the Rules, for the purpose of Section 40A(3) of the Act. Thus, this ground of the revenue is dismissed. 11. Ground Nos. 4 to 6 are against the deletion of an addition of ₹ 89,64,254/-, made by the Assessing Officer as undisclosed sales. The ld. CIT(A) in his order has given a factual finding that the assessee has an opening stock of ₹ 93,41,400/-, as on 01/04 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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