2012 (9) TMI 1189

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.... Sr.(DR) ORDER Per Shri C.D.Rao, AM The above appeal is filed by assessee against order dated 31.05.2011 of the ld. CIT-(A)-XXX, Kolkata pertaining to A.Yr. 2007-08. 2. The grounds raised by assessee in this appeal are as under :- "1) For that under the facts and circumstances of the case the learned C.I.T.(Appeals) erred and acted unjudiciously in doubting the genuineness of ....

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.... Rs. 180483/- in the P & L A/C. after adjusting the interest from debtors. During the course of hearing, while the A/R of the assessee was asked to produce the loan confirmation and present address of the loan creditors. He failed to file the details of the loan creditors merely a statement of names of some persons/concern, to whom the assesses paid interest. Therefore, in absence of loan confirma....

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....rued on the above. However, he confirmed the loan creditors to the extent of Rs. 6,02,714/- and interest on the above amounting to Rs. 2,714/- by observing as under :- "Creditors have not independently confirmed their loan transaction to the A.O despite the issue of notice u/s. 133(6) by him and despite efforts by the appellant these creditors have not sent their confirmations independent....

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....the time of hearing the ld. Counsel appearing on behalf of assessee by referring to the paper book at page nos.9 to 31 which contain copies of Kishanlal  M.Dayama's I.T.Return Ack., P&L A/c Capital A/c, Balance Sheet and Banker's Certificate, Copies of Rajesh Kaishchand Vyasa's I.T.Return Ack; Brokerage A/c, Interest A/c., Capital A/c, Balance Sheet and PAN Card, Banker's Certificate and Bank....