TMI Blog2024 (2) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... ty also. There is no discrepancy in the purchase of goods or payment. Only the opening balance was added to the total income of the assessee. In our considered view that the assessee is protected from the coherent evidence like that all payments, purchase bill, VAT Registration, Return of VAT Act, 2003, confirmation of parties and reply of parties in persuasion of notice u/s. 133(6) of the Act. DR has agitated the point of non-verification of parties. But verification of parties not only concentrated by non- compliance of notice u/s. 133(6) or inspection conducted by the Inspector of revenue. The purchase and sales of assessee during impugned assessment year are accepted by the ld. AO. DR is not able to bring any contrary order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g fixed on 26-09-2018 owing to receipt of notice on 28-09- 2018, letter on 31-01-2019 explaining the difficulty in complying to dated fixed on 05-02-2019. (2) For that the Ld. CIT(A] ignored the documentary evidences submitted in support of grounds of appeal and passed a non-speaking and cryptic order. (3) For that the ld. CIT(A) grossly violated the provisions of law as well as principle of natural justice by not allowing proper and reasonable opportunity of being heard. (4) For that, Ld. C1T (A) was unjust, unfair, unreasonable and unlawful in not considering the fact that Ld.ITO had acted illegally in adding back the entire amount under the head of Sundry Creditors being a sum of Rs. 20423945/- to declared income on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before us. 4. The ld. A.R. vehemently argued at the time of hearing before us and filed written submissions, which are kept in the record. The ld. A.R. first invited our attention that the assessee has submitted all the documents before the ld. Assessing Officer in relation to the compliance proceeding related to the assessment. The assessment was completed under section 144 of the Act but the assessee has already filed all these documents before the ld. Assessing Officer, which is annexed at pages 81 to 183 of the paper book. The assessee is a regular return filer under VAT/CST Act bearing VAT RC No.19693110042 and is enjoying ITC from the authority. The ld. A.R. further submitted that the ld. Assessing Officer has issued notice dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to ITO 48(3). Ledger copy and details of Track Events of India Post. 10 to 12 5. Reply of notice u/s. 133(6) to ITO 48(3), copy of acknowledgement (Lokenath Enterprises) 13-14 6. Ledger copy of Bharat Steel Industries 15 7. Ledger copy of Vaishnab Enterprise 16 8. Ledger copy of Royal Tube Corporation 17 9. Reply of notice u/s. 133(6) of International Pipe Fittings Company to ITO 48(3). Ledger copy and details of Track Events of India Post. 18 to 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to let the undersigned know why these types of transactions will not be treated as bogus transactions in you liability side, if you fails to explain the real existence credit worthiness of the sundry creditors it will be treated as your undisclosed income and added back with your total income at the time of assessment. Submit your reply before the undersigned within 2(Two) working days from the date of receipt of this letter, failing which your case will be decided without further reference to you and Rs. 2,04,23,945 is added with your total income as unexplained sundry creditors. Departmental Inspector also deputed for this purpose and as per the departmental inspector's report it was found that most of the creditors are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is registered under the West Bengal VAT Act, 2003/CST Act, 1956. There is no such enquiry done by the Revenue or any negative comment was received from the indirect tax authority related to purchase of the goods. There is no such significant effort that inquiry was done from the end of the VAT Authority also. There is no discrepancy in the purchase of goods or payment. Only the opening balance was added to the total income of the assessee. We also rely on the order of the Coordinate Bench of ITAT in assessee s own case. In our considered view that the assessee is protected from the coherent evidence like that all payments, purchase bill, VAT Registration, Return of VAT Act, 2003, confirmation of parties and reply of parties in per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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