2020 (7) TMI 94

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..... addition of Rs. 19,98,102/- in respect of outstanding sundry creditors by the assessing officer. The assessee has also raised the issue that lower authorities have not properly considered the various submissions, explanation and information submitted by the assessee during the course of appellate proceedings. 3. The fact in brief is that return of income declaring income of Rs. 56,11,750/- was filed on 26th Sep, 2011. The case was subject to scrutiny assessment and notice u/s. 143(2) of the act was issued on 28th Sep, 2012. During the course of assessment, the assessing officer noticed that there was outstanding sundry credit to the amount of Rs. 1,71,79,314/- during the year under consideration. The assessing officer has obtained confirm .....

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..... ter for delivery of goods to the assessee, copies of bank account showing payment made to the parties, copies of invoices, copies of sales tax, form no. 'H', copies of contract notes, copies of form no. 59, copies of form no. 403 of the commercial tax department as evidence of dispatch of goods from the purchasers to the assessee, copies of receipt of the payment made to transporter, copies of form no. C of Central Sales Tax, copies of confirmation of the sundry creditors etc. After referring briefly elaborated aforesaid documents, the ld. counsel has vehemently contended that lower authorities have made the disallowance without considering the relevant evidences, therefore, the claim of the assessee should be allowed on merit. On the othe .....

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..... Mill to place of the assessee. Further, the asessee has also placed in the paper book copy of transporter receipt along with payment of transport charges for delivering the goods from the consigner to the assessee, copy of bank account statement showing that payment was made by the assesee to Kankane Oil Mill. In addition to above, we have noticed that the party namely Kankane Oil Mill was based in Uttar Pradesh and for any further verification the assessing officer should have issued commission u/s.131(i)(d) of the act after keeping into consideration the distance from the place of the assessee and the place of the assessee. The assessing officer has neither given any commission nor disproved a number of evidences furnished by the assesse .....

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