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TMI Blog2017 (7) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 15th March, 2013 u/s 271(1)(c) of the Act is illegal as show cause notice dated 12th March, 2013 has been issued by Deputy Commissioner of Income Tax, Circle 12(1), New Delhi, before whom the reply to the show cause notice was furnished but Order u/s 271(1)(c) has been passed by I.T.O ward 12(1), New Delhi without considering the reply of the appellant. Without prejudice to the ground no 1 2. That the Learned CIT(A) erred in upholding the Order of thelearned Assessing Officer, levying penalty u/s 271(1)(c) as the learned Assessing Officer levy penalty of Rs. 13,32,048/-, without initiating the same in accordance with the provisions of the law, as the reading of the Assessment Order does not prove that the Assessing Officer was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO is not in accordance with the relevant law and therefore, the same is liable to be quashed. 2. The brief facts of the case are that the assessee company received advances amounting to Rs. 44,50,000/- from customers in cash. The assessee submitted the explanations which are not found satisfactory and notices were served to different parties from whom the advances were taken which according to Assessing Officer remained uncomplied with. The Assessing Officer also handed over notices u/s 131 for examination of the said parties to the Chartered Accountant to produce the said parties and confirmation or affidavits etc. so filed were not to the satisfaction of the Assessing Officer and accordingly he made an addition of Rs. 39 lac to the inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onse to notice u/s 131(1) of the Act the said parties filed the affidavit, bank account, acknowledgment of filing of income tax returns directly to the Assessing Officer. The finding of the Assessing Officer that the said entities are fake is on the basis of no material on record and purely on the basis of surmises and conjectures. In fact on the other hand the assessee has proved the identity, genuineness and creditworthiness by filing various documents by the customers as mentioned here in above. Even if the creditors do not appear in response to the notice u/s 131, it is not the duty to enforce the said parties by the assessee and make them present before the Assessing Officer. The reliance is placed on the decision of Hon'ble Supreme Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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