TMI Blog2015 (3) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal fairly concluded that the Assessing Officer had investigated all the points and reply relating to all the query were given. - Decided in favour of assessee. - Income Tax Appeal No. - 1 of 2015 - - - Dated:- 23-2-2015 - Hon'ble Sudhir Agarwal And Hon'ble Shashi Kant,JJ. For the Appellant : Dhananjay Awasthi, S.C. For the Respondent : Shubham Agrawal ORDER 1. Heard Sri Dhanjay Awasthi, learned counsel for the appellant, Sri Shubham Agrawal, learned counsel for the respondent and perused the record. 2. The following substantial question of law has arisen in this matter, which need adjudication : Whether it is necessary for Assessing Authority to mention in assessment order regarding inquiry made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same. b. Sundry Creditors of ₹ 2,99,89,828/- have not been confirmed by the assessee. The A.O. has also not obtained the confirmed copies proper confirmations from the assessee. c. Unsecured loan of ₹ 45,67,059/- have not been properly enquired into by the A.O. The AO has simply accepted the confirmation filed by the assessee. d. A.O. has not obtained the copy of bank statements and not verified the genuineness of share holders. e. As per Profit Loss Account, the company has paid the freight of ₹ 11,44,387/- but no TDS was deducted. Therefore, the same amount needed to be disallowed. f. A.O. has sent a notice u/s 133(6) for confirmation of creditors in the case of Vidhu Sales Corporation. Looking to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carried out any investigation with regard to queries as contained in sub para (a) to (f) of para 3 but in fact, the Assessing Officer had investigated all these points and in this respect, our attention was invited to paper book pages 21-39 wherein documents relating to reply filed with Assessing Officer vide letter dated 20.09.2010 was placed. Similarly, our attention was invited to paper book pages 40-86 wherein reply relating to query at (b) in respect of sundry creditors was placed. Similarly, pages 109-124 were referred to highlight that the query regarding unsecured loan was also made by the Assessing Officer and in reply, necessary confirmations were filed. As regards the observation of CIT as contained in para (d), the Ld. A.R. took ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Polymers (supra) relevant part of the observations in this regard read as under : This is for the reason that if a query was raised during the course of scrutiny by the Assessing Officer, which was answered to the satisfaction of the Assessing Officer, but neither the query nor the answer was reflected in the assessment order, that would not, by itself, lead to the conclusion that the order of the Assessing Officer called for interference and revision. 11. Further, relevant observation made in CIT Vs. Vodafone Essar South Ltd. (supra) in this regard reads as under : The lack of any discussion on this cannot lead to the assumption that the Assessing Officer did not apply his mind. 12. Learned counsel for the Department could ..... X X X X Extracts X X X X X X X X Extracts X X X X
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