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2019 (4) TMI 363

/r 46A - parly admitted - HELD THAT:- According to assessee, the amount in question have been repaid by assessee in subsequent year through banking channel which fact also need verification. It, therefore, appears that the documentary evidences filed on record have not been appreciated by the authorities below and that CIT(A) did not adjudicate upon the issue on merits, therefore, the matter requires reconsideration at the level of the AO. - We, accordingly, set aside the orders of the authorities below and restore the matter in issue to the file of Assessing Officer with a direction to re-decide the issue as per Law, by giving reasonable, sufficient opportunity of being heard to the assessee. The assessee is directed to produce suffic .....

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on 133(6) remained undelivered, no confirmation/reply filed. Thus, the difference in the amount of sundry creditors was found in a sum of ₹ 32,47,203/-. The Assessing Officer noted that assessee has been given opportunity on various dates to reconcile the differences in the accounts of 7 creditors and to explain the reasons for non-delivery or no reply filed by the creditors. The assessee was also directed to furnish confirmation from the parties on their Letter Heads along with copy of PAN card, acknowledgement of ITR, which may prove identity of the creditor. The Assessing Officer noted that assessee did not reconcile the differences. Therefore, Assessing Officer made addition of ₹ 32,47,203/- on account of unexplained sundry .....

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d., there was no sufficient time to send the notice to them, therefore, additional evidence was were admitted. The Ld. CIT(A) on going through the details and remand report of the Assessing Officer as noted above, confirmed the additions in the case of these two sundry creditors. However, in the case of rest of the creditors, additional evidences were not admitted, therefore, addition was confirmed. 4. Learned Counsel for the Assessee reiterated the submission made before the authorities below and submitted that even in the case of two creditors namely M/s. Tanisha Travels Tradelinks and M/s. Infor Global Solutions (I) Pvt. Ltd., though the Ld. CIT(A) admitted the additional evidences, but, their cases have not been decided on merits. The d .....

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ade against the assessee. 6. We have considered the rival submissions. The Assessing Officer made the addition on account of difference in the amounts in respect of 7 creditors, details of which, are noted at page-2 of the assessment order. The Assessing Officer issued notice under section 133(6) of the Income Tax Act, 1961 to 07 creditors and noted that either no reply have been filed by them, the letters returned undelivered or no confirmation/reply have been filed. The assessee did not file the evidences of identity of the creditors. The Ld. CIT(A), however, in the cases of two of the creditors namely M/s. Tanisha Travels Tradelinks and M/s. Infor Global Solutions (I) Pvt. Ltd., admitted the additional evidences because there was no suff .....

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been appreciated by the authorities below and that Ld. CIT(A) did not adjudicate upon the issue on merits, therefore, the matter requires reconsideration at the level of the Assessing Officer. We, accordingly, set aside the orders of the authorities below and restore the matter in issue to the file of Assessing Officer with a direction to re-decide the issue as per Law, by giving reasonable, sufficient opportunity of being heard to the assessee. The assessee is directed to produce sufficient evidences and material on record to prove that the sundry creditors amounts were genuine and that assessee repaid the amounts subsequently through banking channel. The Assessing Officer shall also take into consideration the decisions relied upon by the .....

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