2009 (11) TMI 43

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....esh Sharma, Advocate for the respondent. Adarsh Kumar Goel,J. 1. This application has been filed by the revenue for a direction to refer following questions of law for opinion of this Court, arising out of Tribunal's order dated 16.1.1997 in ITA No.1579/Chandi/1990, for the assessment year 1988-89:- "i) Whether on the facts and in the circumstances of the case, the ITAT was right in law in dele....

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....re confirmed by CIT(A) but the Tribunal deleted the same accepting the explanation of the assessee. The Tribunal, inter-alia, observed:- "Even otherwise the accounts of the assessee have not been rejected by the AO and the assessee has been sending its monthly reports to be Excise Department which were found to be in order. The assessee has also furnished a certificate from the bank dated 10.12.1....

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.... finding of the Tribunal, which is not shown to be perverse, we are of the view that no question of law arises which can be directed to be referred to this Court. The Assessing Officer and the CIT(A) made and upheld addition on account of excess stock only on the basis of difference in the stock as per books of accounts and value of stock declared in the statement furnished to the bank. On examina....