2012 (5) TMI 842 - AT - Income Tax

Revenue's appeal dismissed for bogus liability & additional evidence acceptance without production.

The Revenue appealed against the Commissioner of Income Tax (Appeals) decision for the assessment year 2008-09. The first issue was the addition of Rs. ... - Issues involved: Appeal by Revenue against order of ld. Commissioner of Income Tax(Appeals)-XI I, Kolkata for assessment year 2008-09. Issue 1: Addition of Rs. 44,03,180/- as bogus liability for AY 2008-09.- Assessing Officer added the amount as bogus liability due to unserved notices to three persons.- Ld. CIT(A) deleted the addition, considering the transactions and VAT registration of the parties.- Revenue's appeal challenged the deletion, but failed to dispute the findings.- Tribunal confirmed the deletion, citing continuous transactions and proper payments.Issue 2: Acceptance of additional evidence by ld. CIT(A) without production before AO.- Revenue challenged the acceptance of additional evidence.- Revenue failed to identify any specific new evidence considered by ld. CIT(A).- Tribunal dismissed Revenue's appeal on this ground.- Overall appeal of Revenue was dismissed, and the order was pronounced on May 29, 2012.