1996 (8) TMI 562

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.... D.N. Baruah, J. 1. As per the direction given by this Court in Civil Rule No. 1 (M) of 1994, the Tribunal, Gauhati Bench, Guwahati, has referred the following question under section 256(2) of the Income-tax Act, 1961 ('the Act') for opinion of this Court: "Whether, on the facts and in the circumstances of the case, the Tribunal being the final finding authority was justified ....

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....creditor himself appeared before the ITO to give his statement confirming the fact that the amount had been paid by him to the assessee. Even then the Assessing Officer did not believe this and made an addition of Rs. 1,25,000 under section 68 of the Act. Being aggrieved, the assessee preferred an appeal before the Commissioner (Appeals). The Commissioner (Appeals) allowed the appeal after conside....