9911796707
TMI Blog2013 (5) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... nst which certain expenses were claimed. In the earlier year also, there was no business income. The copy of balance sheet strengthen the findings of CIT(A) that AO had just taken the balances appearing as on the date of balance sheet and computed the income which is totally wrong and unjustified. All balances appearing in the balance sheet are old outstanding balances. The only difference is in the amount of unsecured loan, the amount of which had reduced from Rs.15,63,835/- to Rs.13,,98,835/- and similarly there is a reduction in the amount of sundry creditors due to payment of some of them. Similarly, there is some change in the amount of cash and bank balances which seems to be on account of part payment of sundry creditors. CIT(A) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs.5,29,108/- made by Assessing Officer in respect of sundry creditors for want of verification of genuineness that 5.1. That the clarification and documents furnished before the CIT(A) remained unverified by the Assessing Officer. 6. On the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in deleting the addition of Rs.21,078/- made by Assessing Officer in respect of cash bank balance for want of verification of genuineness that. 6.1. That the clarification and documents furnished before the CIT(A) remained unverified by the Assessing Officer. 7. The appellant craves leave to add, to alter or amend any grounds of the appeal raised above at the time of hearing. 2. The brief facts of the case are t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with all enclosures. It was requested that assessee was prevented for filing of these documents before the Assessing Officer and request as made for acceptance of the same as additional evidence. 4. The Ld CIT(A) directed the Assessing Officer to file a remand report and Assessing Officer vide letter dated 29.4.2011 filed a remand report in which he briefly stated the facts of the case and submitted that as the assessee did not file necessary details, the addition was made on the basis of available documents. Therefore, it was requested that additional evidence be rejected. 5. The Ld CIT(A) after going through the submissions of Ld AR along with copy of remand report and rejoinder thereon observed that the addition made by the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.2 is allowed." 6. Aggrieved, the revenue filed appeal before this Tribunal. 7. At the outset, the Ld DR submitted that several opportunities were given to the assessee and ld CIT(A) had wrongly concluded that assessee was prevented by sufficient cause to file necessary documents before the Assessing Officer. In view of the above, he argued that the deletion by ld CIT(A) on the basis of additional evidence was bad in law. 8. The Ld AR, on the other hand, relied upon the order of Ld CIT(A) and submitted that Ld CIT(A) has considered the merits of the case. He further submitted that no enquiry was required as the Assessing Officer had just made addition of old outstanding liabilities and there was no fresh addition in respect of shar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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