9911796707
TMI Blog2013 (1) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... lenged before us the order of the Income Tax Appellate Tribunal ( the ITAT for short) dated 29.12.2011 under section 260A of the Income Tax Act ( the Act here-in-after) raising following substantial question for our determination : Whether on the facts and circumstances of the case, the Hon ble ITAT has erred in law in dismissing the appeal filed by the Revenue against the order of the Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proof. However, the Assessing Officer dissatisfied with such evidences treated the entire amount as unexplained and unverifiable and added to the income of the assessee. 3. When challenged before the CIT(Appeals) it deleted the entire addition on having found that the payments had been made by the respondent assessee by Account Payee cheque and the said payments were credited in the bank accounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of the total sum had ceased to exist, section 41(1) was not applicable. 5. Entire issue is based predominantly on factual matrix presented before the authority. Both the CIT(Appeals) and the Tribunal when concurrently held and based its decisions on the plethora of evidence produced by the assessee, respondent revenue has not been able to point out to us as to how there arose any perversity o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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