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TMI Blog2016 (7) TMI 842X X X X Extracts X X X X X X X X Extracts X X X X ..... is, whereas the facts was that no books of accounts alongwith bills/vouchers were produced by the assessee before the AO. 3. The assessment may be set aside and restore back to the AO for verification of the above facts. 4. The appellant craves the right to add, alter or amend any ground of appeal. 2. The brief facts of the case are that the assessee filed return declaring an income of Rs. 8,67,232/- on 14.10.2010. The statutory notice u/s. 143(2) of the Income Tax Act, 1961 (hereafter referred as the Act) was issued on 27.8.2011 and duly served upon the assessee, thereafter, other notices including notice u/s. 142(1) were issued. In response to the notice Assessee's Authorised Representative attended the proceedings and filed the doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Ld. CIT(A) and stated that AO issued notice u/s 133(6) to M/s Star Power Coating and M/s Hari Enterprises which were returned back by the postal authorities due to inadequate address and the notice u/s 133(6) of the Income Tax Act, issued to M/s Jai Mata Di Udyog was returned by the postal authorities with the remarks "to consult Bahadurgarh" meaning thereby the creditors are in existence. He further stated that assessee has furnished all other evidences for substantiating its claim before the AO as well as before the Ld. CIT(A) like copy of confirmation alongwith the copies of PAN card of the creditors duly confirmed by them alongwith the other documentary evidence for substantiating the claim of the assessee which the Ld. CIT(A) has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Hari Enterprises were returned back by the postal authorities due to inadequate address. The notice u/s 133(6) of the Income Tax Act, issued to M/s Jai Mata Di Udyog was returned by the postal authorities with the remarks " to consult Bahadurgarh". Thereafter, the Assessing Officer requested the appellant to produce the aforesaid creditors along with the requisite details vide letter dated 26.02.2013. In response the appellant furnished the copy of confirmation alongwith the copies of PAN card of the creditors duly confirmed by them vide letter dated 4.3.2013. Subsequently, the copy of confirmation of accounts of the creditors were also received by the Assessing Officer from the creditors namely Star Power Coating on 09.03.23013, Hari E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing Officer has not given any finding about the in-genuineness of the transactions with MIs Hari Enterprises. Similarly, in the case of M/s Mata Di Udyog, Smt. Neena Verma was found to be the proprietor of , the concern and her PAN No was AEAPV3268H.ln the books of account of the appellant the opening credit balance as on 01.04.2009 in the name of Jai Mata Di Udyog has been shown at Rs. 35,58,603.54. The payments against purchases made from Jai Mat Di Udyog were made by the appellant through his bank account at Punjab National bank. The purchases made from Jai Mata Di Udyog and the payments made against these purchases were not disputed by the Assessing Officer during the course of assessment. In the case of Star Power Coating, the conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he P & L account such as business promotion, commission on sales, conveyance expenses, freight and forwarding expenses, printing and stationary expenses etc. merely on estimate basis and without pointing out a single voucher of expense which was not accounted for by the appellant. Therefore, I am unable to sustain the estimated addition of Rs. 75,000/- made by the Assessing Officer and accordingly, the Assessing Officer is directed to delete the addition of Rs. 75,000/-. 6. In the result, the appeal is allowed." 7.1 After perusing the finding of the Ld. CIT(A), I am of the view that Ld. CIT(A) has passed a well reasoned and speaking order, because AO issued notice u/s 133(6) to M/s Star Power Coating and M/s Hari Enterprises which were ..... X X X X Extracts X X X X X X X X Extracts X X X X
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