2022 (1) TMI 278

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....or short] (b) Addition made u/s. 40A(3) of the Act (c) Addition on account of different between books an VAT statement. 2. The assessee is a dealer in marbles and granites. She filed her return of income for the year under consideration on 31.10.2013 declaring a total income of Rs. 52,38,950/-. The AO completed the assessment by making additions listed above. The appeal filed before Ld. CIT(A) was also dismissed. Hence the assessee has filed this appeal before us. 3. The first issue relates to addition made u/s. 41(1) of the Act. During the course of assessment proceedings, the A.O. noticed that the assessee has declared sundry creditors balance of Rs. 3,64,17,892/- in her balance sheet. The A.O. asked the assessee t....

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....ove said creditors as additional evidences. However, the Ld. CIT(A) refused to admit the additional evidences on the reasoning that the assessee did not fulfil the conditions prescribed under Rule 46A of the I.T. Rules. Accordingly, he confirmed the above said addition. 5. Before us, the Ld. A.R. submitted that the assessee, in fact, requested the parties to furnish confirmation letters during the course of assessment proceedings, but they did not cooperate at that point of time. Subsequently, the assessee persuaded them to furnish confirmation letters and those letters were furnished before Ld. CIT(A) as additional evidences. Accordingly, the LD. A.R. submitted that the assessee was prevented by sufficient cause from producing those evi....