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TMI Blog2009 (7) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... f fact for upholding the claim of the assessee by giving reasons while the Assessing Officer has ignored the said reasons. Thus, the issue relates to appreciation of evidence. The finding of the Tribunal is not shown to be perverse. - No substantial question of law arises. The appeal by revenue is dismissed. - 345 of 2009 - - - Dated:- 21-7-2009 - ADARSH KUMAR GOEL and MRS. DAYA CHAUDHARY JJ. Vivek Sethi for the appellant. JUDGMENT The judgment of the court was delivered by ADARSH KUMAR G0EL J.— The Revenue has preferred this appeal under section 260A of the Income-tax Act, 1961 (for short, "the Act"), against the order of the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, passed in I. T. A. No. 429 (ASR)/2008—ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s engaged in manufacturing and sale of inflatable balls and other sports items. The Assessing Officer made addition to the declared income by disallowing labour charges incurred on production of sports goods claimed by the assessee. The Commissioner of Income-tax (Appeals) upheld the claim of the assessee which has been affirmed by the Tribunal with the following observations: "It is seen that the Assessing Officer failed to consider that as rightly noted by the learned Commissioner of Income-tax (Appeals), export of 17.60 lakhs inflatable balls was not possible unless such as huge number of balls was stitched. The assessee had duly filed before the Assessing Officer invoice-wise details regarding the export of 17.60 lakhs balls, where un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the amount due to the stitcher was over and above the amount reflected in the summary sheets. Rather, it was patent on record that each stitcher had been given the code number which appeared in the pink slips. Also, the amount mentioned against the stitcher code and the pink slips matched with the amount mentioned in the summary sheets. The Assessing Officer also did not observe anything to the contrary in the assessment order. The computerized summary sheets, 25 in number, were prepared on a bi-monthly basis, in 25 bills, in seriatim. It was against these bills, that 3,48,416 inflated balls were stitched with stitching charges of Rs. 85,53,877. All these were found to be duly supported by the stitchers bill-wise summary with stitchers' c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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