2009 (6) TMI 531

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....his appeal is taken up for admission. 2. Heard Sri R. Rama Murthy, learned counsel appearing for the appellant. The correctness of the impugned order is questioned in this appeal by framing the following substantial questions of law and urged grounds in support of the same: (i) Whether, on the facts and in the circumstances of the appellant's case, the order of the Appellate Tribunal is not one of perverse? (ii) Whether, on the facts and circumstances of the appellant's case, whether the Tribunal is justified in upholding the addition made by the Assessing Officer? (iii) Whether the order of the Tribunal is sustainable in law? 3. It is also contended by learned counsel for the appellant that the aforesaid questions of law would arise....

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....s.15,22,651 which is assessed by the assessing authority has been accepted by the Tribunal without examining the material evidence produced before the Tribunal. 7. With reference to the above legal submissions made by learned counsel for the assessee, we have examined the case of the appellant to find out as to whether the aforesaid substantial question of law would arise for our consideration. Our answer should be in the negative against the assessee for the following reasons: The Tribunal has taken all relevant material evidence produced by the appellant before it such as opening stock in terms of kgs, purchase of are canut and selling the same in terms of kgs and the same is referred to in the impugned order. It also verified the goods....