- (1.) Present Appeal under Section 260-A of the Income Tax Act 1961 has been preferred by the Department against the judgment and order dated 30.12.2009 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No.876/Luc/2008 for the assessment year 2004-05.
(2.) On 06.09.2009 a coordinate Bench of this Court has admitted the instant appeal on the following substantial question of law : "Whether deletion of the addition with regard to sundry credit is lawful without appreciating the burden to prove the identity of creditors, their creditworthiness and genuineness of transactions was on the assessee to prove the same before the assessing officer ?"
(3.) The brief facts of the case are that the assessee is engaged in the manufacturing of fabric and sale having its manufacturing unit at Bhiwandi, Mumbai in the name of M/s J. P. Textiles. During the assessment year under consideration, the assessee has shown sundry creditors for Rs.36,26,206/-. On the basis, that notices were sent by the A.O. to the creditors, which were received back. So, the A.O. made the an addition. However, in first appeal, the CIT(A) has deleted the said addition. The Tribunal confirmed the same. Still not being satisfied, the department has filed the present appeal.;