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2021 (4) TMI 242 - ITAT DELHISurrender of undisclosed income in post search proceedings - discrepancies with reference to stock physically found at the factory of the assessee vis-à-vis the stock as per stock register was found - head under which the surrender has been made are different than those of declared in the return of income - as per AO assessee fail to file or furnish any transport bills for the goods which are claim to be purchased from M/s. Vishal Traders and M/s. Sanjay Traders - HELD THAT:- AO as well as the CIT(A) has given a clear finding that no evidential material related to the original bills were properly field before the Assessing Officer as well as CIT(A). The so called confirmations and the response to Section 133(6) notices were also not on record. From the assessment order and the order of the CIT(A), it emerges that the assessee has not filed original bills before the Assessing Officer as well as CIT(A). Therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer to examine the original bills and vouchers along with the proper confirmations from the respective parties and thereafter make the adjudication. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Appeal of the assessee is partly allowed for statistical purpose.
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