TMI Blog2021 (8) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee company is only ₹ 1,93,00,000/- which has been repaid during F.Y. 2014-15. And so far remaining amount 50,00,000/- is concerned, assessee filed separate proof of payment to the A.O. and again filed before the Ld. CIT(A) and it was at Calcutta conducted detailed enquiry of Basant Marketing P. Ltd. wherein it is mentioned that Basant Marketing is not a fake company and its activities are genuine. Assessee has filed an order of ITAT Mumbai Benches [ 2019 (6) TMI 1606 - ITAT MUMBAI] wherein one person namely Shri Harsh Dalmia was the beneficiary to the tune of ₹ 1,14,85,500/- from the group companies namely Basant Marketing P. Ltd. who was assessed to tax with them who provided accommodation entry and Department issued no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the transactions is also to be proved by the assessee, which has not been done in this case especially in the face of stark difference between the amount mentioned by the assessee in his books and that shown in the books of M/s. Basant Marketing. 4) The Ld. CIT (A) has failed to appreciate that the orders of different CIT (A) in different cases do not serve as precedent. 2. In this case, Ld. A.O. reopened the case for the reason that assessee company has obtained accommodation entry in the form of loans and advances for ₹ 2,43,00,000/- from Basant Marketing P. Ltd. on the basis of information received from DCIT, CC, XXVII, Kolkata. 3. Thereafter a letter u/s. 133(6) issued to the depositor, Basant Marketing P. Ltd. has su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Marketing P. Ltd. has confirmed amount outstanding in the account of assessee company is only ₹ 1,93,00,000/- which has been repaid during F.Y. 2014-15. And so far remaining amount 50,00,000/- is concerned, assessee filed separate proof of payment to the A.O. and again filed before the Ld. CIT(A) and it was at Calcutta conducted detailed enquiry of Basant Marketing P. Ltd. wherein it is mentioned that Basant Marketing is not a fake company and its activities are genuine. 7. Assessee has filed an order of ITAT Mumbai Benches in ITA No. 7460/Mum/2016 and ITA 6807/Mum/2018 wherein one person namely Shri Harsh Dalmia was the beneficiary to the tune of ₹ 1,14,85,500/- from the group companies namely Basant Marketing P. Ltd. who wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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