ITAT held that invocation of section 41(1) against the assessee...

ITAT held that invocation of section 41(1) against the assessee raised triable issues touching prima facie case, balance of convenience and irreparable loss, but the impugned addition cannot stand without examination of newly-tendered documentary evidence. The Tribunal restored the matter to the file of the AO for de novo adjudication, directing the AO to verify confirmations of balances, sample purchase invoices and bank statements evidencing subsequent payments, and to afford the assessee a fair opportunity of hearing before passing fresh order in accordance with law. The appeal is disposed of in favour of the assessee for statistical purposes.