TaxTMI 
TaxTMI 
2020 (1) TMI 993
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....uineness and credit worthiness of sundry creditors and genuineness of its purchase is on the assessee. 3. On the facts and circumstances of the case, the Ld. CIT(A) Bhopal has erred in deleting the addition of Rs. 1,65,01,885/- on account of bogus sundry creditors without conducting an inquiry from bank w.r.t. genuineness of sundry creditors when there is absence of bank statements of creditors. 4. On the facts and circumstances of the case, the Ld. CIT(A) Bhopal has erred in accepting additional evidences under rule 46A, despite of the facts that assessee's case does not fall in any of the four circumstances mentioned in Rule 46A of the Income Tax Rules, 1962. 2. Briefly stated facts are that in this case the assessee had filed a return of income on 29.9.2012 declaring total income at Rs. 1,00,13,930/-. Subsequently, the case was selected for scrutiny assessment and the assessment u/s 143(3) of the Income Tax Act, 1961 (hereinafter called as 'the Act') was framed vide order dated 13.3.2015, thereby the A.O. made addition of Rs. 1,81,29,128/- in respect of unexplained creditors and disallowance out of diesel expenditure of Rs. 7,92,727/-, out of repair and main....
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....rbhag Kaur 191913 Reply not received, no confirmation provided by assessee I-I.N. Parmar 773410 Reply not received, no confirmation provided by assessee Jagdish Ahuja 81 1270 Reply not received, no confirmation provided by assessee Jainawin Sales 261032 Reply not received, no confirmation provided by assessee Mukesh Electric Centre 23 823 Reply not received, no confirmation provided by assessee Rajkumar Sharma 162032 Reply not received, no confirmation provided by assessee Sainath Engineering Services 90988 Reply not received, no confirmation provided by assessee S.D. Bansal Iron & Steel Pvt. Ltd. 502483 Reply not received, no confirmation provided by assessee Sherock 2893310 Reply not received, no confirmation provided by assessee S.K. Traders 802745 Reply not received, no confirmation provided by assessee S. Rajinder Singh Bhinder 48680 Reply not received, no confirmation provided by assessee S.S. Chouhan Stone Crusher 532095 Reply not received, no confirmation provided by assessee S.S. Stone Crusher 599977 Reply not received, no confirmation provided by assessee A....
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....es deleted the addition. We find that Ld. CIT(A) partly deleted the addition by observing as under: "5.8 The appellant has contended that it had filed confirmation with the A.O. vide letters dated 09.1.2015 and 23.01.2015 along with complete detail i.e. name, TIN, PAN, address, telephone no., copy of account of all creditors. However, in the assessment order the A.O. has mentioned that no confirmation was filed by the appellant during assessment. During appeal, the appellant filed details of sundry creditors furnished before the A.O. along with copies of confirmations in respect of all 30 creditors which have been added by the A.O. Subsequently, the appellant filed confirmation from 25 creditors having received payment of outstanding balance as on 31.03.2012 by cheque and bank statement showing transaction of payment in 4 cases and requested the same to be admitted u/ R 46A of the Act. 5.9 As there was difference of factual position submitted by the A.O. and the assessment order with regard to submission of confirmation during assessment and the appellant had filed as additional evidence being confirmation from 28 creditors having receipt payment of outstanding ba....
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....93310 Yes 30. Stage Infrastructure Pvt. Ltd. 2367151 Yes Total 18129128 10.2 On perusal of the confirmations, it is seen that all the creditors in respect of whom confirmations have been filed, have confirmed that the closing credit balance as on 31.03.2012 in the books of the assessee has been received by the creditors during subsequent years. The details Of amount received along with cheques have been mentioned in the confirmations. Further, in respect of all the aforementioned creditors, the assessee has also furnished copies of his bank accounts from where payments were made to sundry creditors in subsequent year. Regarding the bank accounts of respective creditors, the assessee itself has expressed its inability to produce the same. Therefore, in view of above, decision may be taken accordingly as deemed fit. " 5.11 The remand report was forwarded to the appellant for submitting comments / rejoinder. In the rejoinder dated 26.02.2018, the appellant has again contended that all the confirmations were submitted during assessment, no details Of unserved letters were provided by A.O. to the appellant and appellant was not ....
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....pal Singh vs IT0 94 ITD 79 (Asr) Electra Jaipur (P) Ltd. vs Inspecting Asstt. CIT 26 ITD 236(DeI) CIT vs K Ravindranathan Nair 265 ITR 217(Ker) Prabhavati S. Shah vs CIT 231 ITR 1(Bom) Manish Buildwell (Delhi High Court; order dated 20.11.2011) 5.15 After examination of evidences, the A.O. in the remand report has confirmed that "On perusal of the confirmations, it is seen that all the creditors in respect of whom confirrnations have been filed, have confirmed that the closing credit balance as on 31.03.2012 in the books of the assessee has been received by the creditors during subsequent years. The details of amount received along with cheques have been mentioned in the confirmations. Further, in respect of au the aforementioned creditors, the assessee has also furnished copies of his bank accounts from where payments were made to sundry creditors in subsequent year. " 5.16 In view of the categorical finding of the A.O. in remand report that confirmations confirming the closing credit balance has been filed and having received outstanding amount subsequently is mentioned in the confirmations and bank account from where payments....