9911796707
TMI Blog2012 (9) TMI 1189X X X X Extracts X X X X X X X X Extracts X X X X ..... Rao, AM The above appeal is filed by assessee against order dated 31.05.2011 of the ld. CIT-(A)-XXX, Kolkata pertaining to A.Yr. 2007-08. 2. The grounds raised by assessee in this appeal are as under :- "1) For that under the facts and circumstances of the case the learned C.I.T.(Appeals) erred and acted unjudiciously in doubting the genuineness of and confirming the addition of unsecured loan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er adjusting the interest from debtors. During the course of hearing, while the A/R of the assessee was asked to produce the loan confirmation and present address of the loan creditors. He failed to file the details of the loan creditors merely a statement of names of some persons/concern, to whom the assesses paid interest. Therefore, in absence of loan confirmation it is established that the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wever, he confirmed the loan creditors to the extent of ₹ 6,02,714/- and interest on the above amounting to ₹ 2,714/- by observing as under :- "Creditors have not independently confirmed their loan transaction to the A.O despite the issue of notice u/s. 133(6) by him and despite efforts by the appellant these creditors have not sent their confirmations independently to the A.O for hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee by referring to the paper book at page nos.9 to 31 which contain copies of Kishanlal M.Dayama's I.T.Return Ack., P&L A/c Capital A/c, Balance Sheet and Banker's Certificate, Copies of Rajesh Kaishchand Vyasa's I.T.Return Ack; Brokerage A/c, Interest A/c., Capital A/c, Balance Sheet and PAN Card, Banker's Certificate and Bank statement, Jagdishprasad M.Devmurari's I.T.Return Ack., Income & Expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he file of AO since both AO as well as ld. CIT(A) has contended that the assessee has not filed any confirmations and not discussed regarding the bank statements and other documents which are filed before them. Both the parties have fairly conceded that the matter may be set aside to the file of AO for further verification. Therefore, in the interest of justice, we consider it fit to set aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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