TMI Blog2023 (2) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... te order that in the statement Shri Muni Ram Verma, Prop. of Balaji Chain Co. clearly states that he is furnishing bank statement and also furnished statement of copy of account and copy of bills as proof of transactions and sales and payment. CIT(A) also recorded finding of fact with which we agree that proper and satisfactory answers to all questions were given and documents required in terms of notice were already produced by Shri Muni Ram Verma, Prop. of Balaji Chain Co. We decline to interfere with the order of the Ld. CIT(A) holding that the impugned addition is not justified. Appeal of the Revenue is dismissed. - ITA No. 5542/Del/2019 - - - Dated:- 8-2-2023 - N. K. BILLAIYA , ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA , JUDIC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd M.s Bengali Chain Co. as bogus without appreciating that in response to the summon u/s 131 Sh. Muni Ram Verma, prop: Balaji Chain Co., failed to produce copy of original bills, ledger accounts, balance sheet etc., thus, in this case neither the creditworthiness nor the genuineness of transaction was established.. 4. That on the facts and in the circumstances of the case the Ld. CIT(A) has erred in law and on facts in holding that M/s Bajaji Chain Co. submitted copy of sales bills, ledgers, bank statements etc. making the order perverse 5. That the order of the CIT(A) is perverse, erroneous and is not tenable on facts and in law. 6. That the grounds of appeal are without prejudice to each other. 3. The facts in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity to the AO. CIT(A) has provided opportunity to the AO as well as the appellant. The evidences which were furnished by the appellant during the appellate proceedings in respect of purchases from Bengali Chain Co. and Balaji Chain Co. were sent to the AO for his comments. AO has made detailed investigation by way of issuing notice and summon u/s 131 and both the parties have confirmed that appellant has made purchases from them and furnished necessary evidences in support of the transaction. The payments were made by the appellant to both the parties against the purchases and they have furnished copy of sale bills, PAN details, copy of bank accounts reflecting the transactions. Since both the parties have provided necessary det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Tribunal to be additional evidence which the Ld. CIT(A) had admitted and relied upon without following the mandate of rule 46A of the Income Tax Rules, 1962 which prompted the Tribunal to set aside the matter for decision afresh after providing opportunity of hearing to the Ld. AO. Hence, the necessary documents etc. did exist in the file of the Ld. CIT(A) who in the second round called for the report from the Ld. AO vide his letter dated 14.08.2015 to which the Ld. AO responded vide his letter dated 27.02.2019. The details of remand report are given by the Ld. CIT(A) in para 8 of his appellate order. 7. In para 9 of his appellate order, the Ld. CIT(A) has observed that remand report clearly states that both the parties have confir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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