2022 (9) TMI 697

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Addl. CIT ORDER Per Shri Rajesh Kumar , AM : This is the appeal preferred by the revenue against the order of the Commissioner of Income Tax(Appeals)-14, Kolkata [hereinafter referred to as 'Ld. CIT(A)'] dated 20.02.2019 for the assessment year 2013-14. 2. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) violating the provisions of Rule 46A of the I.T.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o prove the genuineness thereof. The assessee accordingly supplied the copies of ledger accounts with addresses. In order to verify the genuineness of creditors, the AO also issued notices u/s 133(6) of the Act to the sundry creditors which were replied by the credits by filing details and information as required. The AO, upon examination of the details as received u/s 133(6) of the Act vis a vis ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... difference is in the opening balances. The ld CIT(A) noted that in the opening balance of Sandstone Infraprojects Pvt. Ltd. the difference was Rs. 1,70,77,128/- whereas in respect of second party M/s Balaji Pipes, the difference was Rs. 5,00,000/-. According to Ld. CIT(A), the said differences cannot be added in current year and accordingly the same was deleted by relying on the series of decisio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppeared to be correct position of law considering the various case laws relied by the Ld. CIT(A). Besides, the Ld. A.R. referred to the decision of Coordinate Bench in the case of ITO vs. Garima Advisory Pvt. Ltd. in ITA No. 385/Kol/2019 for AY 2013-14 dated 20.05.2022 wherein the similar issue has been decided by the Co-ordinate Bench in favour of the assessee by holding as under: "9. Wi....