D.b. Income Tax Appeal v. Date Of Order : 7.11.2006

D.B. INCOME TAX APPEAL NO.27/2003(CIT, Udaipur Vs. Smt. Harshita Chordiya) Date of order : 7.11.2006 HON'BLE MR. JUSTICE RAJESH BALIAHON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. K.K. Bissa, for the appellant.Mr. Anjay Kothari, for the respondent. This appeal is directed against the very samejudgment the assessee has preferred DB Income TaxAppeal No.04/2002 relating to additions made underSection 40A (3) and adjustment of Rs.6,98,000/- ofcash credit. Against the disallowance was sustainedby the Tribunal, the assessee has raised the questionof sustainment of Rs.6,98,000/- under Section 40A (3)and the cash credit to the tune of Rs.40,13,000/- In the aforesaid circumstances, we havedecided DB Income Tax Appeal No.4/2002 and by speakingorder allowed the appeal by holding that disallowanceof deduction was not justified and that the amountrepresents the receipts from the customers against thepurchase by the customers. In view thereof, this appeal has become arun infructuous and the same is hereby dismissed as havingbecome infructuous. (GOPAL KRISHAN VYAS), J. (RAJESH BALIA), J.