2024 (8) TMI 1586

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.... PER K. NARASIMHA CHARY, J.M: Aggrieved by the order dated 13/05/2024 passed by the learned Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC), Delhi ("Ld. CIT(A)"), in the case of Raja Rajeshwara Swamy Rice Mill ("the assessee") for the assessment year 2012-13, assessee preferred this appeal. 2. Brief facts of the case are that assessee is a firm, engaged in the bu....

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....ed Assessing Officer, adverse inference in terms of section 114 of the Evidence Act has to be raised. Learned CIT(A) accordingly upheld the addition and dismissed the appeal. 4. Aggrieved by such an order, assessee preferred appeal before us stating that the learned CIT(A) erred in dismissing the appeal and confirming the addition made by the learned Assessing Officer. Learned AR submitted that....

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....ts and the non-existence of any demand in force, needs factual verification and per se the assessee is not entitled for any relief. 6. Learned AR submitted that on identical circumstances, a Co-ordinate Bench of this Tribunal in the case of M/s Sri Gurukrupa Agro Industries Vs. DCIT in I.T.A.No.30/Hyd/2023 by order dated 20/07/2023 restored the issue to the file of the Assessing officer with a ....

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....ld be verified from the concerned departments and merely because the challans are not available with the assessee, assessee cannot be fastened with huge liability. I agree with the submission of the learned DR that DCB reports and the submissions of the assessee that non-existence of demand would only go to show that there were proper payments to the concerned department, needs factual verificatio....