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2009 (9) TMI 976

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....libri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-fareast-language:EN-US;} table.MsoTableGrid {mso-style-name:"Table Grid"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-priority:59; mso-style-unhide:no; border:solid windowtext 1.0pt; mso-border-alt:solid windowtext .5pt; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-border-insideh:.5pt solid windowtext; mso-border-insidev:.5pt solid windowtext; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:....

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....ame, addresses, PAN and confirmation of sundry creditors. Assessee was unable to produce confirmation before the undersigned. Also before auditor no confirmation was available at the time of examination of books of accounts. Hence, it is concluded that the creditors are not verifiable thereby the addition in creditors during the year is added back to the total income of the assessee. 1. Meenakshi Textiles Rs.6,89,000/- 2. Kamal Fabrics Rs.5,00,000/- 3. Mahavir Textiles Rs.3,00,000/-   2.3 Aggrieved by this, the assessee carried the matter in appeal before the learned CIT(A) wherein assessee contended that Assessing Officer did not act upon the assessee's request to issue summons u/s 131 or call information u/s 1....

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.... 2.5 The learned DR, on the other hand, placed strong reliance on the order of learned CIT(A). 2.6 We have considered the submissions made by both the sides, also perused the material on record and the orders of the authorities below. It is noted that the impugned addition had been made only with respect to the amount of additions occurring in the account of three creditors in the year under consideration. It is also noted that the outstanding balance in the account of such creditors is much higher, hence, the assessee cannot be said to have not been in touch with such creditors. It is also noted that notices u/s 133(vi) have been issued at the instance of the assessee, hence, which have remained unserved. Thus, non service of such notic....