2017 (3) TMI 965

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....12.2011 for assessment year 2009-10. Shri Avikesh Banerjee and Mrs. Saswati Mitra (Dutta), Ld. Advocate appeared on behalf of assessee and Shri M.K. Chandra, Ld. Departmental Representative represented on behalf of Revenue. 2. At the outset, it is observed that there is a delay of 10 days on the part of the assessee in filing this appeal before the Tribunal. In this regard, the assessee has filed an application seeking condonation of the said delay and keeping in view the reasons given therein, which is duly supported by an affidavit filed by the assessee. we are of the view that there is a sufficient cause for the delay on the part of the assessee in filing this appeal. Hence, we condone the said delay and proceed to dispose of this....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 1,75,300 3. Sri Dipak Chatterjee 1,27,600 4. Sri Sujit Chakraborty 1,58,620 5. Sri Subrata Das 1,64,800 6. Sri Asthik Bauri 1,26,500 7. Sri Abni Bauri 1,32,600 8. Sri Shakti Pada Chatterjee 1,57,630 9. Sri Chandi Bauri 1,25,900 10. Sri Netai Maji 1,20,960 11. Sri Satya Prakash Cheel 2,46,500 12. Sri Samar Chakraborti 1,42,500 13. Sri Shyama Pada Bauri 1,62,800 14. Sri rajib Banerjee 1,41,000   Total 21,38,100   The Assessing Officer, during the course of assessment proceedings issued notice to all the aforesaid parties u/s 133(6) of the Act to verify the genuineness of the transactions. Notices were served ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....8,100/- as unexplained cash credit and added to the total income of the assessee. 6. Aggrieved, assessee preferred an appeal before ld. CIT(A). The assessee before ld. CIT(A) submitted that many parties did not appear before the AO out of their fear and they were apprehending some consequences against themselves. The AO should have issued notices and reminders one more time. The AO should have also conducted such inquiry in order to ascertain the genuineness of the transactions. The assessee also submitted that all the parties are located in a very small place and they do not maintain all the records properly and systematically. However, the ld. CIT(A) after considering the submissions of the assessee had given relief in part by observin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... accept the credit has failed as even notice u/s 131 issued during enquiry u/s 250(4) failed to elicit response. The addition made by Assessing Officer in these cases is upheld. No relief is due to the appellant. With the above direction grounds 1, 2 and 3 are disposed of." Being aggrieved by the order of ld. CIT(A) the assessee is in second appeal before us. 7. The ld. AR before us filed a paper book and other details which are running from pages 1 to 68 and he submitted that the place of business of the assessee is located at Raghunathpur, Purulia which was totally devastated by most naxual. Therefore the customers of the assessee could not provide all the details as desired by the lower authorities. The ld. AR further submitted ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bmitted by the assessee we find that all the parties from whom the advances was claimed to have received have been billed in the subsequent years. The assessee has furnished the copies of the ledgers in respect of all the parties which are placed on record. Once the assessee is able to show the source against the advances received in the earlier years then the same cannot be treated as unexplained. In the case on hand the assessee has discharged his burden by giving necessary details of the parties from whom the advances was received and sales made to those parties. The ld. DR has not brought anything contrary to the submissions made by the ld. AR. In view of the above we are of the view that the additions made by the lower authorities are ....