9911796707
TMI Blog2020 (4) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax Act,1961 (hereinafter referred to as 'the Act') by the Income Tax Officer, Ward 2(2) Amritsar (hereinafter referred to as "the AO"). 2. Ground No. 1 to3 of appeal relates to deletion of the addition of Rs. 2,02,15,155 made by the AO on account of purchase of gold outside the books of accounts, without appreciating that during remand report proceedings, that the seller Sri Guru Jewellers, Delhi and the assessee failed to prove the actual delivery and the receipt of gold and accepting the contention of the assessee that it is a matter of record that the assessee-firm had a branch at C-128, Phase-4, Ashok Vihar, New Delhi, whereas no such submissions made before the AO and the CIT (A) violated the provisions of Rule 46A by not allowing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.2015 before the AO. Further, the auditor has not found any discrepancy during audit. It was submitted that the gold weighing 7000 grams and 6000 grams were received vide challans dated 01.04.2011 and bill dated 05.04.2011 from seller Shri Guru Jewellers. The assessee has filed these evidence as additional evidence filed in the form of copy of account of Shri Guru Jewellers, and delivery challans issued by Shri Guru Jewellers dated 01.04.2011 for 7000 grams and 6000 grams respectivelyand requested for admission of the same. The assessee also submitted copy of account in his books of accounts and stated that the payment was made by account payee cheques. It was found that the assessee was given final opportunity on 27.03.2015 at the fag en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The CIT (A) has forwarded the copy of remand report to the assessee for his comments, in which it was stated the AO has accepted the identity and having transaction with Shri Guru Jewellers and also accepted the delivery challans dated 01.04.2011 but unable to verify the receipt to whom gold was delivered. It was submitted that the assessee had a branch at C-128,Phase 4, Ashok Vihar New Delhi, in support of which copy of VAT returns of Delhi branch were filed. In view of these facts and circumstances, the CIT (A) has admitted additional evidence under Rule 46A (1)(b) of Income- Tax Rules, 1962 and called for remand report on the same from the AO. The CIT (A) observed that the AO made enquiry from M/s. Shri Guru Jewellers, who replied conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of gold from 01.04.2011 to 04.04.2011. Therefore, the addition of Rs. 2,02,15,155 was deleted. 5. Being aggrieved, the Revenue has filed this appeal before this Tribunal.The ld. Sr. D.R. assailed the order of CIT (A).He supported the view of the AO that the Ld. CIT (A) wrongly admitted the additional evidence, when the same were not produced before the AO as discussed at Page No. 7 of assessment order. Further, the assessee has not brought to his notice during assessment proceedings that it had any branch at Delhi. Therefore, delivery of gold stock was not established. 6. Per contra, the learned counsel for the assessee submitted that the assessee was in Tihar Jail, hence, he could not produce the evidence before the AO during assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opposed the admission. However, CIT (A) had requested the AO to give his comments on merits. The AO vide remand report dated 22.09.2017 stated that after going through additional evidence and assessment records, it was noticed that gold was purchased from M/s. Shri Guru Jewellers , Delhi, vide tax invoice no. 00008 at 05.04.2011. As per purchase of invoice and delivery challan purchases of gold were made at the address C-128, Phase 4, Ashok Vihar, Delhi. The AO has also called information from M/s. Shri Guru Jewellers on 07.09.2017. M/s. Shri Guru Jewellers had replied that it had issued 7 kg of gold bar purity 0.995 vide challan no. DC3 dated 01.04.2011 and 6 Kg of gold bar of purity 0.995 vide challan no.DC4 dated 01.04.2011 to M/s. Raja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lan, copy of account statement of M/s. Raja & Co., ITR of M/s. Shri Guru Jeweler, PAN Card, as required by the AO. Therefore, the AO accepted the identity and proof of having transaction with M/s. Shri Guru Jeweler.Thus, after careful consideration of facts, we notice that the CIT (A) observed that the AO made enquiry from M/s. Shri Guru Jewellers, who replied confirming that it had issued 7 kg of gold bar of purity 0.995 vide delivery challans no. DC3 and 6 Kg of gold bar of purity 0.995 vide delivery challans no. DC4 dated 01.04.2011 to M/s. Raja & Co., C-128, Phase 4, Ashok Vihar, New Delhi and submitted copy of challan, copy of account statement of M/s. Raja & Co., ITR of Shri Guru Jeweler, PAN Card, as required by the AO. Thus, the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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