TMI Blog2017 (5) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... elieved. We therefore find no merit in the additions and we accordingly set aside the order of the CIT(A) and delete the additions. The other ground of appeal is with regard to chargeability of interest under section 234B, 234C and 234D. Since this ground is consequential in nature, it needs no independent adjudication. Accordingly, the appeal of the assessee is allowed. - ITA No.566/Bang/2015 - - - Dated:- 27-4-2017 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER For The Assessee : Smt. Prathibha, Advocate For The Revenue : Shri. G. Kamaladhar, Standing Counsel ORDER Per Sunil Kumar Yadav, Judicial Member This appeal is preferred by the assessee against the order of CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal may be allowed. 2. Though various grounds are raised but they are related to addition of ₹ 30,87,616/- in respect of three creditors i.e., M/s. Colourtech Product Pvt. Ltd., M/s. Orson Chemicals and M/s. S S Polymers, except ground No. 1 relating to levy of interest under section 234B, 234C 234D of the Act. 3. During the course of hearing, our attention was invited to the fact that the appeal is filed late by 164 days for which an application of condonation for delay is filed. Having carefully perused the contentions in the application of condonation, we find that there is a reasonable cause for the delay in filing the appeal and accordingly we condone the delay and admit the appeal for hearing. 4. Facts and bri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tors who have confirmed the outstanding credits appeared in the books of accounts of the assessee. While examining these credits, the AO has lost sight of the correct figures and he has taken the different figures while submitting the remand report. The said figures were taken by the CIT(A) while adjudicating the issue without verifying the figures given in the confirmation letters filed by the assessee. During the course of hearing, the learned counsel for the assessee invited our attention to the application filed for admission of additional evidences before the CIT(A), the list of the Sundry Creditors and the confirmation letters of all the creditors with the submission that the assessee has filed the confirmation of 11 sundry creditors, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of ₹ 3,53,123/- shown as credit balance in the books of accounts of the assessee. The assessee has filed all confirmation letters before the CIT(A). The same was referred to the AO for verification but unfortunately the AO has mentioned the incorrect figures in the remand proceedings which were relied upon by the CIT(A) while making the additions. Since the assessee has discharged its onus laid upon it, it is for the revenue to bring on something record to disbelieve the confirmation letters filed by the assessee. 7. The learned DR placed reliance upon the order of the CIT(A). 8. Having carefully examined the orders of the lower authorities in the light of the rival submissions, we find that undisputedly before the AO, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt made no further submissions in this matter. Thus, out of the addition of ₹ 1,54,93,861 only the difference in respect of the above three parties totaling ₹ 21,98,759 and the credit liability of ₹ 30,87,616 for which confirmation could not produced even during appeal stage (Rs.1,54,93,861 ₹ 1,24,06,245) are confirmed. The grounds in this regard, therefore, partly succeed. 9. During the course of hearing, the learned counsel for the assessee has filed the paperbook and invited our attention to the letter written to the CIT(A) for the admission of additional evidences which is appearing at page Nos. 56 and 57 of the compilation. Along with the letter, the assessee has filed the list of confirmations of sundry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the compilation according to which the outstanding due is ₹ 3,53,123/- as on 31.03.2009. In this figure there is no difference. Since the assessee has discharged its onus by filing the confirmation letters of all the creditors, the onus is upon the revenue to bring something on record to disbelieve the confirmation letters filed by the assessee. 12. We have carefully examined the remand report and the order of the CIT(A). We are at loss to understand as to from where the AO has picked up the figures mentioned in the remand report and cognizance of the same was taken by the CIT(A) without verifying the figures. Since the assessee has filed the confirmation letters of all the creditors and the revenue has not brought out anything o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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