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TMI Blog2012 (9) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... eals) is wholly unjustified and wrong in confirming the addition of Rs. 34,14,368 of sundry creditors, the addition should have been allowed in full in the particular circumstances of the case. 2. That the appellant prays that the addition of Rs. 34,14,368 made in respect of sundry creditors to be deleted. The CIT)Appeals) grossly ignored assessee plea and other facts of the case while confirming the addition." 3. The Department has raised the following issues in their grounds of appeal. "1. On the facts and in the circumstances of the case, the Ld. CIT(A) is not justified in law as well as facts in deleting the addition of Rs.1,789,43,679 made u/s.40(a)(ia) of the Act. 2. On the facts and in the circumstances of the case, the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings. 6. Having been aggrieved by this assessment order, the assessee went in appeal before the CIT(A) and the learned CIT(A) after hearing the assessee and considering the material made available in the record and the views expressed by the Assessing Officer in the remand report, found that sundry creditors amounting to Rs. 34,14,368 out of the sundry creditors is found unverifiable and hence, he upheld the addition of the Assessing Officer on this count to that extent and deleted the remaining addition of Rs. 12,60,528. However, he deleted the addition of Rs. 1,78,43,679 made by the Assessing Officer u/s.40(a)(ia) of the I.T.Act. 7. The assessee is in appeal before the Tribunal regarding the relief not granted by the CIT(A) wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eletion of the said addition also. At the same time, the learned AR of the assessee has supported the deletion of the sum of Rs. 1,78,43,679 being disallowance made u/s.40(a)(ia) of the I.T.Act,1961. Thus, he sought for allowing the appeal of the assessee and dismissing the appeal of the Department. 9. Contrary to this, the learned DR has vehemently argued contending inter alia that the learned CIT(A) has give a threadbare analysis of the issue while dealing with the addition made under the head "unexplained sundry creditors" as he found that there is difference between the amount available in the ledger and the amount mentioned in the notice sent to the sundry creditors u/s.133(6) found at Rs. 30,08,664, notice served but no reply receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue of addition made under the head "sundry creditors" and in the said remand report, the Assessing Officer has ultimately reported that the sundry creditors amounting to Rs.30,08,664 is the difference between the amounts mentioned in the ledger maintained by the assessee and the notice served on the assessee and the sum of Rs. 3,17,601 out of the sundry creditors who were served with notice u/s.1336) but not replied whereas he found that in respect of sundry creditors amounting to Rs.88,103 the notices u/s.133(6) were returned unserved. Accordingly, he reported that a sum of Rs.34,14,368 was found unverifiable. Basing on this finding of the Assessing Officer in his remand report, the learned CIT(A) has confirmed the addition to that ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mining& Alloys Pvt. Ltd. V. Asst.Commissioner of Income-tax (ITA No.211/CTK/2010 dt.15.11.2010), Vijaya Laxmi Pvt. Ltd. V. DCIT ITA No.164/CTK/2010 dt.15.11.2010). He also considered the decisions of ITAT, Ahmedabad Bench in the case of Kanubhai Ramjibhai Makwana v. Income-tax Officer ITA No.3983/Ahd/2008) and also the decisions of Hon'ble Apex Court in the case of CIT v. G.M.Mittal Stainless Steel Pvt. Ltd., (263 ITR 255) and Distributors Baroda Pvt. Ltd. V. Union of India (155 ITR 120) and came to the conclusion that the amount paid/credited from 1.4.2006 to 28.2.2007 that was disallowed by the Assessing Officer was to be allowed and there is no dispute that the TDS has been deposited by the assessee before the due date of filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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