9911796707
TMI Blog2021 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... disposal of this appeal are that the assessee company is engaged in the business of manufacturing of pharmaceutical products like tablets, capsules, syrup, ointment etc. For the assessment year 2013-14 they have filed their return of income on 30/9/2013 declaring an income of Rs. 3, 88, 56, 210/-. Assessment was complete by order dated 31/3/2016 under section 143(3) of the Income Tax Act, 1961 (for short "the Act") at a sum of Rs. 4, 23, 67, 920/-after making so many additions including the addition of Rs. 12, 76, 381/-on account of sundry creditors, which addition is relevant for this appeal. 3. Assessee preferred appeal before the Ld. CIT(A) and contended that no opportunity was given to the assessee to put forth their case or to furnis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Private Limited, M/s Pharmacare and M/s ABS Mercantile private limited; that the assessee itself furnishing information relating to two parties but failed to furnish any confirmation in respect of M/s Ambient Prenters Private Limited in spite of letter written to them; and that, therefore, learned Assessing Officer had no option but to draw an adverse inference and to make the addition. He further submitted that inasmuch as the confirmation letter produced by the assessee before the Ld. CIT(A) required verification at the end of the learned Assessing Officer, Ld. CIT(A) was also justify in confirming the addition. He accordingly justifies the orders of the authorities below and prayed to dismiss the appeal. 6. We have gone through the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving only two days at the disposal of the learned Assessing Officer in between. This fact supports the contention of the assessee that no sufficient opportunity was granted to the assessee to clarify the issue or to file the confirmation from M/s Ambient Prenters Private Limited also. 8. When the assessee itself could produce the confirmation letters in respect of two other parties, and the assessee could have produced such confirmation in respect of the other party also before the Ld. CIT(A), we are of the opinion that there would not have been any difficulty for the assessee to produce such confirmation before the learned Assessing Officer himself. We, therefore, believe that assessee could not produce such a letter before the learned As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. And when such letter was produced before the Ld. CIT(A), Ld. CIT(A) erroneously rejected the same. Revenue did not avail the opportunity available to them for verification of such a letter. 10. In the circumstances, keeping in view the fact that the business activity of the assessee is not in dispute and the sundry creditors are not generally in disputed, and further in view of the smallness of addition, we do not find any justification to remand issue back to the file of the learned Assessing Officer. Inasmuch as there is no adverse comment by the Ld. CIT(A) on the confirmation letter, we accept the contention of the assessee and direct the assessing officer to delete the addition impugned in this appeal. 11. In the result, appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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