2025 (11) TMI 1163

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....efore it against the order dated 23.03.2024 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the Assessment Unit, Income Tax Department (ITO, Ward 2(1)(3), Ghaziabad) (hereinafter referred to as the Ld. AO). 2. The grounds raised by the assessee read as under:- "1. That on the facts and circumstances of the case, the Ld. CIT (A) has erred in confirming the addition made by the Ld. A.O of Rs. 95,00,000/- on account of unexplained cash credits under section 68 originating from sales made to M/s Radha Buildtech (India) Pvt. Ltd. 2. That on the facts and circumstances of the case, the Ld. CIT (A) has erred in law in not considering that the confirmation of the addition as made by the AO, ....

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....rough RTGS/cheque. It was observed that later on, cash was received by the said entity. Based on this theory, it was alleged that the sales made by the appellant to the tune of Rs. 95,00,000/- to the said entity is bogus. 4. The ld. AR has submitted that during the course of assessment proceedings, the appellant has submitted the relevant documents to substantiate its sales like (a) Ledger Account (page 34) (b) copy of Tax Invoice (page 35 onwards), (c) E- Way Bills (page 36 onwards), (d) bank payment statement (page 72 onwards), (e) Copy of GSTR-1, GSTR-3B and GSTR-9 etc ( page 118), and the Ld. A.O. without finding any discrepancy in the books of accounts, without rejecting the books of account of the appellant, without appreciating th....

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....by the appellant, the GST number of the said entity i.e. M/s Radha Buildtech India Pvt. Ltd. is clearly mentioned and is reflected. 7. Now from the perusal of the assessment order, it shall be clear that no independent inquiry in any manner whatsoever has been conducted by the Ld. Assessing Officer and he has chosen to made the addition merely on basis of the statement of Sh. Babloo without affording the appellant opportunity of cross examination. Ld. AO ignored a vital fact that assessee has already declared a total sale of around Rs. 11 crores as per the audited books of account, which includes the figure of Rs. 95 lacs pertaining to the sales made to the said entity i.e., Radha Buildtech India Pvt. Ltd.. These books have been accepted....