2010 (7) TMI 1129

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.... P. K. Bansal (Accountant Member) This appeal has been filed by the Revenue against the order of the CIT(A) dated 16.06.2008 by taking the following effective grounds of appeal :- "(1) On the facts and the circumstances of the case the Ld. Commissioner of Income Tax (A) has erred in law and facts in deleting an addition made on account of unexplained cash credits u/s 68/69 of Rs. 88,....

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.... 17,16,837/-and added Rs. 88,70,748/-under section 68 of the Act. When the matter went before the CIT(A), the CIT(A) deleted the addition by observing as under :- "As regards the reasonableness of the quantum of trade credits shown by the appellant, after considering entire facts and circumstances of the case, it emerges that the trade creditors in the balance sheet for the year under con....

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....ade the purchases during the year for the material from time to time to be consumed in the business. The assessee has not taken any loan or advance from these parties. As soon the payment becomes due, the payment has been made to each of the party in the succeeding year. In the earlier year also the credit has arisen and has been paid by the assessee. The provisions of section 68 of the Act are no....

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....nd circumstances of the case, we find no infirmity in the order of the CIT(A). The CIT(A) has rightly deleted the addition. Thus, ground no.1 stands dismissed. 6. Ground no.2 relates to the deletion of disallowance of Rs. 21,63,785/-. 7. We have heard the rival submissions and carefully considered the same. We noted that the A.O. has made the adhoc disallowance @ 5% of the total expenses cla....