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        Case ID :

        2019 (4) TMI 1374 - AT - Income Tax

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        Tribunal confirms additions for unverified credits and sundry creditors, dismissing Assessee's appeal The Tribunal upheld the decision of the Ld. CIT(A) to confirm additions of &8377;10,64,650 and &8377;4,15,598 concerning credits and sundry ...
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                            Tribunal confirms additions for unverified credits and sundry creditors, dismissing Assessee's appeal

                            The Tribunal upheld the decision of the Ld. CIT(A) to confirm additions of &8377;10,64,650 and &8377;4,15,598 concerning credits and sundry creditors, respectively, due to lack of verifiable evidence provided by the assessee during assessment proceedings. The Tribunal found the claims unverified and supported the CIT(A)'s findings, leading to the dismissal of the Assessee's appeal on 18-02-2019.




                            Issues:
                            - Appeal against the Order dated 05.12.2017 of the Ld. CIT(A), Muzaffarnagar for assessment year 2013-14.
                            - Acceptance of credits without basis.
                            - Acceptance of sundry creditors without basis.

                            Analysis:
                            1. The assessee filed an appeal against the assessment order dated 23.3.2016, where the AO assessed the income at &8377; 16,25,740/-. The Ld. CIT(A) partly allowed the appeal, leading to the current appeal before the Tribunal. The primary contentions revolved around the acceptance of credits and sundry creditors without proper basis.

                            2. The Ld. counsel for the assessee argued that the Ld. CIT(A) erred in accepting credits of &8377; 10,64,650/- and not accepting sundry creditors of &8377; 4,15,598/- without any valid basis. The counsel submitted a Paper Book with supporting documents to challenge the additions made by the authorities.

                            3. After hearing both parties and examining the records, the Tribunal noted that the creditor M/s Paras & Company, Agra amounting to &8377; 10,64,650/- was created due to purchases made during the year. However, the assessee failed to provide complete details during assessment proceedings, rendering the claim unverified. The AO found the lack of supporting documents to prove the genuineness of the creditor, leading to the confirmation of the addition by the Ld. CIT(A). The Tribunal upheld this decision, citing unverified purchases under section 37 of the Act.

                            4. Regarding the additions of &8377; 4,15,598/- concerning M/s Sai Traders, M/s Satish Goyal Depot, and M/s Savitri Coal Depot, these creditors were created based on purchases in FY 2008-09 and carried forward. The lack of complete details and evidence during assessment proceedings left these claims unverified. The Tribunal observed a lack of evidence showing these creditors claimed outstanding balances, indicating a cessation of liability. Consequently, the Ld. CIT(A) rightly confirmed the additions under section 41(1) of the Act, which the Tribunal upheld.

                            5. Ultimately, the Tribunal dismissed the appeal of the Assessee, affirming the decisions of the Ld. CIT(A) regarding the disputed issues of credits and sundry creditors. The order was pronounced on 18-02-2019, concluding the legal proceedings in this case.
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                            ActsIncome Tax
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