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2019 (1) TMI 1398 - AT - Income TaxAddition made u/s 41(1) - CIT-A deleted the addition accepting fresh evidence such as detailed ledger extracts of all the sundry creditors as well as the copies of the civil suits - whether violation of Rule 46A of the Income Tax Rule - Held that:- AO treated the sundry creditors as income of the assessee and added to the total income returned. During the course of appellate proceedings, the assessee filed detailed schedules of outstanding sundry creditors as on 31.03.2014 in the books of accounts. The assessee also furnished detailed ledger extracts of all the sundry creditors as well as the copies of the civil suits filed by a large number of creditors for recovery of their dues from the assessee company. By considering the above details furnished by the assessee and without obtaining any remand report from the Assessing Officer, the ld. CIT(A) deleted the addition which is, in violation of Rule 46A. Accordingly, we set aside the order of the ld. CIT(A) and remit the entire issue to the file of Assessing Officer to examine and verify the evidences - Decided in favour of assessee for statistical purposes.
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