TMI Blog2016 (3) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... s a deliberate attempt to defraud the Revenue. The relief, which the assessee is claiming at this stage explaining two transactions pertaining to the creditors, cannot be examined in isolation in the absence of other entries in the books of account, which could not be explained by him at the time of assessment as the queries raised by the Assessing Officer were not responded to and complete books of account were not produced. - Decided against assessee. - Income Tax Appeal No. 65 of 2014 (O&M) - - - Dated:- 28-3-2016 - Rajesh Bindal And Harinder Singh Sidhu, JJ. For the Appellant : Alok Mittal, Advocate For the Respondent : Zora Singh Klar, Advocate JUDGMENT Rajesh Bindal, J. 1. The assessee is in appeal under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee could not furnish the requisite details and the audited accounts on account of fault of the chartered accountant, however, at the time of hearing of the appeal before the Commissioner of Income- tax (Appeals)-II, Ludhiana (for short, CIT(A) ), the balance-sheet was furnished. It was from the material produced at that stage that it was clarified that certain amounts, which were shown in the credit of the creditors' accounts had, in fact, been cleared. The transactions were through bank accounts. Additions were made stating that to be unexplained income. Once the amounts had been paid through bank transactions and there was no dispute about that, the additional evidence produced by the assessee before the Commissioner of Income-tax (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case was selected for scrutiny. Notice was served upon the assessee. A questionnaire was sent. Despite repeated notices seeking information, the assessee failed to comply with the same and furnish requisite information. On certain dates, even none appeared for the assessee. The assessee had furnished the names and addresses of the persons, who had been shown to be sundry creditors as on March 31, 2009. On December 30, 2011, during the course of assessment proceedings, the assessee submitted documents of confirmation of credit in the accounts of creditors. He did not produce any books of account, vouchers, etc. The books of account, hence, were rejected and the assessment was made invoking the provisions of section 143(3) of the Act. Besid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 46A of the Income-tax Rules in relation to admission of additional evidence, the assessee is to show as to how its case of admission of additional evidence is covered by the conditions provided under sub-rule (1) of rule 46A of the Income-tax Rules. As referred to by us in the paras hereinabove, it is not a case of the application of clause (a) under which such evidence could be admitted by way of additional evidence where the Assessing Officer had refused to admit the evidence. The case of the assessee was that as the entries of the cash credit limit and its application were not available with it during the course of assessment proceedings, the same was now being produced by way of additional evidence, does not merit admission as the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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