2018 (10) TMI 260

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DR ORDER Per M.Balaganesh, AM 1. This appeal by the assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-Jalpaiguri [in short the ld CIT(A)] in Appeal No. 123/Jal/CIT(A)/Jal/2013-14 dated 03.05.2016 against the order passed by the ACIT, Malda Circle, Malda [ in short the ld AO] under section 143(3) of the Income Tax Act, 1961 (in short "the Act") dated 25.03....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e u/s 133(6) of the Act. The ld. AO observed that three sundry creditors had reported that some amount was reported by them from the assessee, but had however not confirmed the closing balance figure. Based on this explanation, the ld. AO came to conclusion that the balance confirmation by those parties were Rs. Nil as on 31.03.2011. Accordingly, the ld. AO issued show cause notice to the assessee....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....At the outset, we find that there is no dispute that the assessee has furnished entire requisite details together with the bills and vouchers and all the supporting documents in support of the claims made in the return of income, which fact has been acknowledged by the ld. AO in his assessment order. The assessee has shown a sum of Rs. 9,30,625/- as amount payable to Mr. Jaharlal Ghosh (Trade Cred....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o confirmed the fact that some amount was receivable from the assessee for such supply of materials. This fact is evidenced from page 20 (Bengali Font) of the paper book and page 21 (Translated font) of the paper book filed before us. While this is so, it is factually incorrect on the part of the ld. AO to conclude that the said trade creditor had confirmed Nil balance as on 31.03.2011 as amount r....