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TMI Blog2015 (3) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... Prakash partner of M/s Gian Chand Ramji Das in which he has stated that he has made these entries for his learning and also told that these entries are for his convenience sake and has no concerned with assessee’s books of accounts. The assessee has also stated before the Revenue Authority that Sh. Chandra Prakash is handling their export of their paper and board business and is also their attorney with Union Bank of India, Sadar Branch. The assessee has categorically denied that they have not received even a single piece from him. As assessee has explained about all 33 papers allegedly related to the assessee and established that assessee has not received any payment mentioned in the seized papers but the ld. First Appellate Authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -. 3. The appellant craves leave to add, alter, amend, delete, substitute any or all the grounds of appeal on or before the date of hearing. 2. The facts relating to the issue in dispute are that during the course of search proceedings of a firm named M/s Gian Chand Ramji Das, it was noticed that there were substantial transaction between the assessee and M/s Gian Chand Ramji Das. After examining the same it is found that there were some transactions relating to cash payment and cash receipts which have not been reflected in regular books of accounts maintained by the assessee. Accordingly, reasons were recorded and proceeding u/s 158BC of the Income Tax Act, 1961 (hereinafter called the Act) were initiated. The notice u/s 158BD of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash Kalucha partner of M/s Gian Chand Ramji Das. In this letter Sh. Chandra Prakash stated that he himself, his children and his employees for learning sake and convenience work making entries on the computers. For making any entries, first of all any name of the company is to be entered in the computer. These entries have no meaning for accountancy and the entries written as AAA Exports ABC Export etc. are imaginary. After going through the explanation given by the assessee the AO has held that the reply given by the assessee is grossly insufficient to meet the end of justice and a letter from Sh. Chandra Prakash finished by the assessee is devoid of logical reasoning had the entries made in the abbreviated name of the assessee in the bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the assessee for substantiating its claim before them but in appeal the ITAT has remit the issue back to the CIT(A) and directed him to pass an order after giving assessee an opportunity of being heard. In compliance of the order of the Tribuanl the CIT(A) has passed the impugned order in a routine manner without appreciating the written submission and the documentary evidence filed by the assessee. He also draw our attention towards written submission dated 10/04/2013 filed by the assessee before CIT(A)-XXV, submission dated 08/02/2006 filed before CIT(A)- XIII, submission filed before CIT(A)-XIII and ITAT order dated 13/02/2013. He stated that in the aforesaid written submission filed by the assessee before the ld. First Appellate Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that they were not aware of the companies M/s AAA Exports M/s ABC Exports etc. The assessee has also filed a letter from Mr. Chandra Prakash partner of M/s Gian Chand Ramji Das in which he has stated that he has made these entries for his learning and also told that these entries are for his convenience sake and has no concerned with assessee s books of accounts. The assessee has also stated before the Revenue Authority that Sh. Chandra Prakash is handling their export of their paper and board business and is also their attorney with Union Bank of India, Sadar Branch. The assessee has categorically denied that they have not received even a single piece from him. 6. After going through the explanation given by the assessee to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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