9911796707
TMI Blog2025 (4) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... e present appeal is delayed by 23 days. Along with the appeal, the assessee has filed the application seeking condonation of delay submitting as follows: - "1) The assessee states that the Appellate order dated 02/09/2024 received on 03/09/2024 is passed against the assessee. The manager of the assessee immediately directed Chartered accountant Mr. Uday Sonam to file appeal before ITAT. 2) The assessee states that E Challan for filing appeal before ITAT was taken out on 06/11/2024 by Chartered accountant Mr. Uday Soman, They undertook to do the needful soon after the rush of work of filing returns of income by Mr. Uday Soman was over. My affidavit detailing the aforesaid facts and These may kindly be placed before the Hon'ble Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Assessing officer for Rs. 1,49,01,483/- out of to Rs. 20,14,33,800.54/- sundry creditors outstanding as on 31/03/2013 to provide evidence if any available with assessee. 2. The Assessing officer has imposed the Double tax under section 41(1) of Income Tax on same set of Sundry Creditors of Rs. 1,54,94,367/- as on 31/03/2012 and Rs. 1,49,01,483/- is outstanding as on 31/03/2013. 3. The Ld. Assessing officer has erred in fact and in law that they have twice imposed tax on same set of sundry debtors one in AY 2012-13 and also in present year AY 2013-14. 4. The LD. CIT Appeal has erred in law and in facts that the figure of Rs. 1,49,01,483/- is not matched with amount of sundry creditors as mentioned in the annual report and trial B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y please be directed to produce list of sundry creditors of Rs. 1,54,94,367/- as on 31/03/2012 and Rs. 1,49,01,483/- is outstanding as on 31/03/2013" 5. We have considered the submissions of both sides and perused the material available on record. The brief facts of the case are that the assessee is engaged in the business of manufacturing specialty garments. For the year under consideration, the assessee filed its return of income on 30.09.2013 declaring a total loss of Rs. 1,46,26,640/-. The return filed by the assessee was selected for scrutiny, and statutory notices under section 143(2) and section 142(1) of the Act were issued and served on the assessee. During the assessment proceedings, the assessee was asked to submit details of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO were destroyed, and therefore, the assessee could not furnish any evidence in respect of its submission. The learned AR further submitted that in the immediately preceding assessment year, i.e., 2012-13, the AO made similar addition under section 41(1) of the Act in respect of the sundry creditors appearing in its books of account. It was further submitted that the liability arose since assessment year 2008-09, and due to the fact that there was fire at the factory premises of the assessee and because of which its business has completely shut down, the liability continues to stand in its books of account. The learned AR also submitted that certain creditors have also approached the Hon'ble National Company Law Tribunal in liquidation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see. Since it is evident from the record that these evidences were not considered by any of the lower authorities, therefore, we deem it appropriate to restore the matter to the file of the jurisdictional AO for de novo consideration after due examination and verification of the details/evidences furnished before us by the assessee. Accordingly, the impugned order is set aside and the matter is restored to the file of the AO for consideration afresh. We further direct that the assessee shall be at liberty to furnish any other information/document in support of its claim before the AO. We also direct the assessee to fully co-operate in the assessment proceedings and furnish any other document as may be sought by the AO for complete adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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