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TMI Blog2017 (4) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... eard along with this appeal, and, therefore, whatever is decided in the assessment year 2005-06 on this issue will apply mutatis mutandis on this assessment year as well. These reasons, as reproduced at page 2 of the impugned assessment year, are as follows :- "The assesses company, engaged in the business of manufacturing of cold rolled stainless steel coils, filed its return of income for the A.Y. 2006-07 on 11/12/2006 declaring total income at Rs. 9085979. It is pertinent to mention here that an action was carried out by DGCEl, Vapi at the premise of M/s. H. K. Impex Pvt. Ltd., Umbergaon, Gujarat and consequently at the factory premise of M/s. Shah Foils Pvt. Ltd. at Santej, Kalol and Am Transport Services, Ahmedabad During the course of statement. Director of the assessee company Shri Kartik Shah submitted that the goods were being transported from their factory premise at Santej to Vasai/Bhayander, Maharashtra instead of destination mentioned on the invoice and the LR being the factory premises of M/s. H.K Impex Pvt. Ltd. Umbergaon, Gujarat. From the above discussion, it is clear that the assessee company by resorting to unaccounted sales to various parties Vasai/Bhyanader ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vt. Ltd. from the assessee which is the unaccounted sales of the assessee company. Since, the unaccounted sales as narrated above has not been shown by the assessee in the trading result for A.Y, 2005-06 , the assessee's action has resulted into under assessment of income to the extent of Rs. 6972741/- for the asst. year 2005-06." 4. The assessee did raise grievance against the reopening but without any success. The Assessing Officer proceeded to reject the objection and treated the sales to H.K. Impex Pvt. Ltd. as unaccounted sales by observing as follows :- "6. The submissions of the assessee are duly considered. However, the same are not found acceptable. As far as the objections raised against reopening of assessment are concerned, the same has already been disposed off vide letter dated 05.02.2013. During the course of proceedings before DGCEI, Shri Kartik Shah, Director of the assessee company stated that the goods were dispatched through Amtbica Transport Services from Santej to Vasai/Bhayandar, Maharashtra and not to factory premise of M/s. H. K. Impex Pvt. Ltd. at Umbergaon, Gujarat. This statement has been corroborated by the statement of Shri Nileshbhai H. Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "6. I have gone through the assessment order and submissions of the A.R. of the appellant carefully. It is seen that the Assessing Officer has mentioned in detail about the inquiries conducted by DGCEI wherein it has been established that the goods have not been delivered to M/s. H.K. Implex Pvt. Ltd. Thus, the sales transactions shown by the appellant became questionable. Once it is held that the money deposited in the accounts of the appellant is not on account of genuine sales made by it, then the same represents unexplained cash credits in the books of accounts of the appellant." During the course of appellate proceedings, the A.R. of the appellant filed submissions stating that the goods were delivered to other persons and not M/s. H.K. Impex Pvt. Ltd. on the instruction of M/s. H.K. Impex Pvt. Ltd. Thus, the A.R. of the appellant contended that the sales of the appellant were not unaccounted because the delivery to other parties were made on account of instructions of M/s. H.K. Impex Pvt. Ltd. 6.1 Vide order-sheet entry dated 29.10.2013, the A.R. of the appellant was asked to furnish the evidence to show that the delivery was made to place and other than the factory of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver if the consignee insists a separate chit/paper slip indicating the phone number of the person to be contacted and destination and same is handed over to driver to call the concerned person after reaching destination. Q-3. In respect of S.S. Coils sold to M/s. H. K. Impex Pvt. Ltd., C/1/B- 263/2, G1DC Estate, Umbergaon can you tell us whether the S.S. Coils were delivered at Umbergaon or at any other place? Ans: Though the consignee's address was Umbergaon as per the Invoice & L.R the material was delivered at Vasai/Bhayander at the request of Shri Deepak Agarwal, Director of M/s. H. K. Impex Pvt. Ltd. Q-4. Please explain where and how exactly the S.S. Coils meant for M/s. H.K. Impex Pvt. Ltd. were delivered at Vasai/Bhayander area? Ans: The driver of truck on reaching Vasai used to call the concerned person from M/s. H.K. Impex Pvt. Ltd., for farther direction and based on the direction received driver used to deliver the specified quantities of S.S. Coils at different places in Vasai/Bhayander area. This delivery was supervised by our representative Shri Dhiraj Jain who is stationed at Vasai/Bhayander. Thereafter Shri Dhiraj Jain used to make suitable remark on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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