2013 (4) TMI 111

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.... against judgement of the Tribunal dated 3.6.2010 raising following question for our consideration: "Whether on the facts and in the circumstances of the case and in law, the Appellate Tribunal is right in deleting the addition of Rs.27,32,750/made by the Assessing Officer on account of unverifiable purchases when such addition was based on the statement on oath recorded from the seller ?" 2. Is....

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.... 4. Revenue approached the Tribunal. Tribunal by impugned order dismissed the Revenue's appeal. Tribunal while doing so made following observations: "10. We find that in the instant case revenue has brought no material on record to show that the name of the assessee was appearing in any of the alleged statement recorded by the department. The assessee claimed since beginning that it actually rec....

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....disallowances, which were made on surmises and conjectures alone. This our view is also supported by the decision of Hon'ble Jurisdictional High Court in the case of ACIT v. Akruti Dyeing & Printing Mills Pvt. Ltd in Tax Appeal No. 997 of 2008 dated 27/1/2009, wherein exactly the same issue, went before Hon'ble High Court and it is confirmed ...." 5. From the perusal of the records, we find that ....