2004 (12) TMI 335

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....ikaner, dt. 26th March, 2004, pertaining to asst. yr. 1998 99. 2. The appellant has taken inasmuch as eleven grounds of appeals. But the effective grounds are only two. 3. The first effective ground is with regard to action of the AO taken under s. 147/148 of the IT Act, 1961 (hereinafter referred to as 'the Act' for short). The assessment in this case was completed originally on 27th Nov., ....

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....ere letter dt. 27th Sept., 1997, returned to the ITO by the assessee with regard to compliant of the notice under s. 148 of the Act and reasons recorded for reopening respectively, are placed. 6. The perusal of the records before me reveals that this ground, although legal one, was not taken before the CIT(A). So, in the interest of justice and fair play, without making any observations on the ....

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.... prove three ingredients namely, genuinity of the transactions, capacity of the creditor and identity of the creditor. According to the CIT(A), the assessee could not establish all these factors because neither any confirmation of the creditor was filed nor the creditor was produced before the AO. The case of the assessee is that, this creditor was not amenable to the assessee, so a request was ma....

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.... this creditor. The Department has also not doubted or disputed advance of this sum through account payee cheque. The AO made this addition, because the creditor was not produced before him. When the assessee had written a letter to the ITO, Ward-III, Sriganganagar, copy of which is placed at page No.7 of the paper book, wherein it was requested by the assessee to summon this creditor, for further....