2014 (7) TMI 1322

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....dated 16.12.2010. 2. The first issue in this appeal of revenue is against the order of CIT(A) deleting the addition despite there is difference in the copy of account of Hindusthan Syringes & Medical Devices Ltd. (in short HSMDL) with that of the assessee. For this, revenue has raised following ground nos. 1 and 2: "1.The Ld. CIT(A) has erred in accepting fresh documents at the appeal proceedings in connection with the transactions with M/s. Hindusthan Syringes when the same was not produced before the AO on repeated opportunities. 2. The Ld. CIT(A) has failed to appreciate that the computer generated ledger of a books of accounts cannot be changed at the sweet will of the assessee and the assessee has failed to submit any reasonab....

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....ssessment order and considered the submission of the appellant. I agree with the contention of the appellant that it was the matter of reconciliation and the same was reconciled by passing reverse entry on 01.04.2008 by M/s. Hindusthan Syringes & Medical Devices Ltd. This is not a case of bogus purchases as alleged by the AO. In view of these facts, the addition made by the AO at Rs. 11,12,794/- is directed to be deleted. Therefore, the appeal on this ground is allowed." Aggrieved, revenue came in appeal before us. 5. We find that complete reconciliation i.e. entry of purchase as on 31.03.2008 for an amount of Rs. 11,12,794/- was filed. Once reconciliation is filed and the purchase entry is explained, we find no infirmity in the order....

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....0 the appellant filed copy of ledger account of M/s. Royal Surgical Pvt. Ltd. and further vide letter dated 26.11.2010 the A.O. gave a show cause letter to the appellant in which there is no mention with regard to M/s. Royal Surgical Pvt. Ltd. that shows that the detailed asked by the AO had been complied with by the appellant. The details/documents shows that there is no evidence for treating the transaction as bogus. Therefore, the same is directed to be deleted." Aggrieved, revenue came in appeal before us. 8. We find that the assessee got a copy of account in books of Royal Surgical Pvt. Ltd., which was submitted before the AO vide written submission dated 18.11.2010. This copy of account as appearing in the books of creditors i.e....