2017 (1) TMI 1432

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....Advocate O R D E R PER T.S. KAPOOR, A.M : This is an appeal filed by the Revenue against the order of the Learned CIT (A) dated 18.1.2013. The Revenue is aggrieved with the action of learned CIT (A) by which he has deleted an addition of Rs. 82,44,157/- which the Assessing Officer had made on account of sundry creditors which were static for more than four years. The Revenue is aggrieved ....

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....d 14.01.2011 had upheld the action of learned CIT (A) and in this respect filed a copy of such order. Our attention was invited to para 12 to 16 of the said order wherein Hon'ble Tribunal had discussed the addition and had upheld the action of learned CIT (A) in deleting the same. Without prejudice the learned AR submitted that addition under Section 41(1) was not justified as adjustments were pen....

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....o Rs. 82,44,157/- for which the assessee had filed addresses and for the remaining for which addresses were not filed, the learned CIT (A) had confirmed the addition. 5. We further find that during assessment year 2007-08 also the Assessing Officer had made addition for 20 creditors amounting to Rs. 10972158/- and Hon'ble Tribunal vide order dated 14.01.2011 had dismissed the appeal of Revenue ....

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.... per paper book page 11, none of the creditors remained outstanding. This fact is verifiable from the order of assessment for assessment year 2012-13 where the Assessing Officer had discussed the writing off creditors against certain debit balances. Such fact has been discussed by Assessing Officer at para 3.1 onwards wherein the Assessing Officer had disallowed the amount relating to debit balanc....