- (1.) THE certified copy of the order has been filed in connected Income Tax Appeal No. 203 of 2013. The application for exemption is allowed. The appeal will be given regular number.
(2.) WE have heard Shri Dhananjay Awasthi, learned counsel appearing for the department.
(3.) THIS Income Tax Appeal filed under section 260 -A of the Income Tax Act arises from an order of Income Tax Appellate Tribunal, Agra Bench, Agra dated 22.2.2013 in ITA No. 211/Agra/2012 in respect of assessment year 2006 -07. The appeal has been preferred by the department on following substantial questions of law: - - "1. Whether the Income Tax Appellate Tribunal was justified in upholding the deletion made on account of unconfirmed creditors when it is clear that the A.O. did not get sufficient opportunity to controvert the additional evidence filed before the Commissioner (Appeals). 2. Whether the Income Tax Appellate Tribunal was justified in upholding the order of the Commissioner (Appeals) solely on the grounds that PAN was provided. 3. That the Hon'ble Income Tax Appellate Tribunal has erred in confirming the order of the Commissioner (Appeals) which allowed relied of Rs. 45,46,166 on account of disallowance out of expenses though the assessee had failed to produce books of account and prove the genuineness of expenses claimed at a time of assessment. Therefore, expenses remained unexplained and A.O. rightly disallowed expenses @ 50%. 4. That the Hon'ble Income Tax Appellate Tribunal has erred in confirming the order of the Commissioner (Appeals) which restricted the addition on account of unconfirmed creditors of Rs. 1,26,51,811 to Rs. 40,998, since the genuineness of these creditors could not be provide beyond doubt at the time of assessment.";