TaxTMI 
TaxTMI 
2023 (12) TMI 458
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....vidence filed under Rule 46(1)(d) without giving independent finding and without appreciating the fact that several opportunities as per assessment order were given to be assessee to file all necessary documents." 2. The CIT(A), in facts and circumstances of the case, has erred in accepting the assessee contention that the payment in respect of M/s. For-A Company Ltd. has already been made during the impugned year despite the fact that as per Para 4.3 of the appellate order, the CIT(A) mentions that the payment was made in subsequent years which is perverse. 3. The CIT(A), in facts and circumstances of the case, has erred in accepting the assessee contention that all details in respect of M/s. For-A Company Ltd. were submi....
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....ons during the appellate proceedings the assessment year wise cessation of liability in respect of some creditors. Further the CIT(A) has not enquired whether the suggestion of creditors has been treated as income in the subsequent years." 8. "The CIT(A), in facts and circumstances of the case, has erred in accepting the assessee submission that the balance creditors amounting to Rs. 35,97,680 should not be treated as creditors as on 31.03.2016 despite the fact that the payments as per para 4.10 of the appellate order have been made in the subsequent years and that it was the duty of the assessee to furnish confirmation from these balance creditors during the assessment proceedings before the AO." 9. "Whether in facts and ....
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....sing balance of Rs. 2,29,36,006/- by issuing notices u/s. 133(6). Owing to the non compliance by these 33 creditors and owing to non furnishing of requisite details with regard to M/s. For-A Company Ltd, the Assessing Officer added the outstanding amount of Rs. 6,59,03,929/- to the total income of the assessee. 5. Aggrieved, the assessee filed appeal before the ld. CIT(A). 6. The assessee has filed application for furnishing the additional evidence under rule 46A dated 24.04.2019. The request was made before the CIT(A) for furnishing the additional evidence by way of complying the circumstances following under clause b of sub-rule 1 of Rule 46A of Income Tax Rule, 1962. 7. The Assessing Officer has furnished his remand report vide ....
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....ts on record, we hold that no addition can be made on the outstanding balance pertaining to M/s. FOR-A Company Limited. The appeal of the Revenue on this issue is dismissed. 11. The assessee was enquired by the ld. CIT(A) to provide complete details of Sundry Creditors justifying each in respect of identity, creditworthiness and genuineness. The assessee filed primary details before the AO. Subsequently, the AO issued notices u/s 133(6) to creditors to confirm transactions with documentary evidence through e-mail ID. The notices were issued through ITBA Portal. The confirmation/reply were not received from all the parties regarding outstanding balances as on 31.03.2016. It was submitted that the AO had not issued any show cause notice be....