2012 (3) TMI 715

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....M BHATT for Appellant: 1, None for Opponent(s) : 1, ORAL ORDER (Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This Appeal under Section 260A of the Income Tax Act, 1961 is at the instance of the Revenue and is directed against an order dated 10th August 2010 passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot in I.T.A. No.333/Rjt/2008 for the Assessme....

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.... by the assessee and given to the Assessing Officer. The Assessing Officer, instead of verifying from the Assessing Officer of M/s.G.M.P.L. whether the transaction in question is shown by the said company, decided to disbelieve the aforesaid transaction on the question of genuineness and creditworthiness of the depositor. On appeal, the Commissioner of Income Tax (Appeals) and the Tribunal belo....

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....o be genuine by the Assessing Officer of the said depositor, the Assessing Officer in question cannot dispute any further the genuineness or creditworthiness of the selfsame transaction which has been accepted to be genuine by the coordinate Assessing Officer having jurisdiction to decide such question. In the case before us, the Assessing Officer did not place any material indicating that the ....