TaxTMI 
TaxTMI 
2020 (1) TMI 496
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....riginal appeal, which reads as under:- "3. The learned CIT(Appeals) has erred in not considering the details produced about the sundry creditors and has given only a partial relief on the Unconfirmed creditors, to the extent of 7,12,004/- with respect to 16 creditors instead of the total relief as sought of Rs. 23,44,816/-, and the balance 32 creditors also being genuine." The Ld A.R submitted that the assessee was asked by the AO during the course of assessment proceedings to produce confirmation letters from outstanding sundry creditors. The assessee is acting as selling commission agent in onions on behalf of farmers from local and outside state and hence it took some time for the assessee to collect confirmation letters. However, the....
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....the same results in a mistake apparent from record. 4. On the contrary, the Ld D.R submitted that the Tribunal has taken a conscious view after appreciating all the evidences and contentions of the parties. Since a particular view has been taken by the Tribunal, the same cannot be considered as mistake apparent from record. He further submitted that the prayer made by the assessee in the miscellaneous petition would result in review of the order passed by the Tribunal, which is not permitted u/s 254(2) of the Act. 5. We have heard rival contentions and perused the record. The power given to the Tribunal u/s 254(2) of the Act is to rectify the mistakes apparent on the face of record. It is also well settled proposition that the Tribunal ca....
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....nity was provided to the assessee during the appellate proceedings and remand proceedings to prove the credit balances, yet the assessee could not produce any documents or confirmation from the creditors. Since some of the creditors have responded to the notices issued by the AO during the remand proceedings, the Ld CIT(A) has granted relief to the extent of 7.12 lakhs meaning thereby, the assessee could not prove the genuineness of the remaining creditors. Under these set of facts, we are of the view, that the Ld CIT(A) was justified in partially sustaining the addition made by the AO on this issue." 8. According to Ld A.R, the assessee has furnished confirmation letters obtained from all the creditors before Ld CIT(A). However, it may be....