TMI Blog2018 (10) TMI 1744X X X X Extracts X X X X X X X X Extracts X X X X ..... peal against the judgment of the Income Tax Appellate Tribunal, Ahmedabad ["Tribunal" for short] raising following question for our consideration : [1] "Whether the Appellate Tribunal is correct in law in disregarding the evidence recorded on oath under Section 131 of the Act read with the Code of Civil Procedure, 1908 vide statement dated 12th September 2008 and relevant to and relied on by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oath recorded under Section 131 of the Act read with Code of Civil Procedure, 1908 vide question no. 10 during the course of survey proceedings ?" [4] "Whether the Appellate Tribunal has erred in law and on facts in deleting the addition of Rs. 44,26,995/= on account of transactions in a pocket diary found during the course of survey proceedings and by not considering the circumstantial eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement filed with the Bank. It was noted that the stock statements filed with the Bank pertain to the months of April to August, whereas, the survey took place in the month of September. It was also noticed that the tendency to show higher value in the bank statements to enjoy higher cash credit limit. The entire issue is thus based on facts duly appreciated by the CIT [A] and the Tribunal. No qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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