TaxTMI 
TaxTMI 
2024 (5) TMI 1241
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....f the case and in law, the assessment order was liable to be annulled because the learned AO had allowed time of just 2 days to the appellant for making compliance of final show cause notice dt. 19.12.2019 (fixing compliance for 21.12.2019), which in any case was too short. 3. On the peculiar facts of the case and in law, the assessment order was liable to be annulled because the learned AO had failed to allow due opportunity to the appellant to explain/reconcile the differences which were observed by her in the replies directly called for by her from the appellant's two suppliers namely M/s Preetí Trade Link (P) Ltd. and M/s Kajaria Ceremics Ltd. (at the back of the appellant), which instances had adversely influenced her mind. 4. On the peculiar facts of the case and in law, there was no justification to treat the sales of Rs. 7391167/- recorded in the books of account for the month of October 2016, as nongenuine. 5. On the peculiar facts of the case and in law, there was no justification to treat the amount of Rs. 7000000/-, as the unexplained income of the appellant. 6. On the peculiar facts of the case and in law, the National Faceless Appeal Centre (NFAC) o....
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....e assessee and as per the parties is as under: Item As per assessee As per M/s Preeti Trade Link Pvt. Ltd. Total sale 1,04,09,529 1,90,00,000 Closing balance 1,22,750 As per assessee As per M/s Kajaria Ceramics Ltd. Total sale 72,18,100 Closing balance 3,04,033 63,407 4. Further, the details of sales & purchase are as under: Month Purchase along with party detail Sales along with party detail. Purchase sales April, 2016 10249773 12285158 9381238 11813804 May, 2016 10268306 12482384 9482478 12032215 June, 2016 14175483 17118990 13058372 16199773 July, 2016 14966762 16212676 14041243 15651160 August, 2016 10574041 10824214 9983432 10408541 September, 2016 13665953 10259176 12895476 9812144 October, 2016 8925878 13516523 8534558 12313226 November, 2016 14834093 18341635 14551713 17242907 December, 2016 13236584 11515682 13236584 10787771 January, 2016 23924214 22109606 22147340 20570392 February, 2016 19420498 20444478 18217991 19115924 March, 2016 17924562 19406836 17196791 18287751 TOTAL 17,21,66,147 18,45,17,358 16,27,27,216 17,42,35,608 5. From the above, the AO hel....
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....,40,000/-, whereas the submission uploaded by the appellant on same day, wherein the appellant has shown cash deposit between 9.11.2016 and 30.11.2016 is Rs. 96,00,000/-. The AO has stated that, this proves that, the difference of the above amount of Rs. 4,40,000/-, which was deposited in the bank remains unexplained and therefore, the AO added Rs. 4,40,000/- to the total income of the appellant. 4.8 As stated above, the appellant had furnished written submission wherein he had shown total cash deposit of Rs. 1,00,40,000/-. Whereas the appellant had uploaded the submissions in the online portal of the Department, where he had shown total cash deposit as Rs. 96,00,000/-. As the appellant has not furnished any explanation in this regard, the AO had made addition of Rs. 4,40,000/- a difference in two submissions i.e. Rs. 1,00,40,000 and Rs. 96,00,000/-. During the appellate proceedings also, the appellant has not produced any evidence in this regard. Therefore, I am of the opinion that, the AO has rightly treated Rs. 4,40,000/- as unexplained cash deposit and added back to the total income of the appellant. In view of this, the addition of Rs. 4,40,000/- is hereby confirmed. Accordi....
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....hich are as under: Month Purchase along with party detail Sales along with party detail. Purchase sales April, 2016 10249773 12285158 9381238 11813804 May, 2016 10268306 12482384 9482478 12032215 June, 2016 14175483 17118990 13058372 16199773 July, 2016 14966762 16212676 14041243 15651160 August, 2016 10574041 10824214 9983432 10408541 September, 2016 13665953 10259176 12895476 9812144 October, 2016 8925878 13516523 8534558 12313226 November, 2016 14834093 18341635 14551713 17242907 December, 2016 13236584 11515682 13236584 10787771 January, 2016 23924214 22109606 22147340 20570392 February, 2016 19420498 20444478 18217991 19115924 March, 2016 17924562 19406836 17196791 18287751 TOTAL 17,21,66,147 18,45,17,358 16,27,27,216 17,42,35,608 12. On going through the above table, which is apparent that there was no abnormal jump in any of the month in the sales, rather the highest sales in the month of January and the lowest sales were in the month of August. Hence, the addition made of Rs. 70,00,000/- on account of jump in the sales is found to be factually incorrect. The sales have been accepted by the revenue. The a....