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2015 (2) TMI 529 - ITAT JAIPURUnexplained cash credit - CIT(A) deleted the addition - Held that:- The appellant had furnished the detailed list before the Assessing Officer with amount and some affidavits during the assessment proceedings. In remand report proceedings, the learned Assessing Officer had not doubted the genuineness and creditworthiness of the farmers. The learned Assessing Officer should have issued the 131 summons to all the farmers for appearance before him. In set aside proceedings, out of 23 farmers selected for verification. 11 farmers were examined by the learned Assessing Officer and were also cross examined by the assessee/respondent. One had died, one had brain hemorrhage, one had paralysis, four couldn't come due to harvest season and four were already examined in the set-aside proceedings. All the farmers who came-up had accepted that they are having long term dealing with the assessee/respondent and that they used to collect their sale consideration after 1-2 months, which is general practice in the line of farming and selling in the mandis. The appellant also furnished the details of land holdings of all the farmers, which shows that they belonged to farming community. The case laws relied upon by the assessee are squarely applicable on the case of the assessee, therefore, we uphold the order of the learned CIT(A). - Decided in favour of assessee.
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