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TMI Blog2016 (11) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... ee in the revised accounts/return on account of additional purchases and renovation expenses and no explanation whatsoever was offered by the assessee to reply or clarify the same. No infirmity in the impugned order of the ld. CIT(Appeals) confirming the additions made by the Assessing Officer on account of additional purchases and renovation expenses as claimed in the revised return/accounts by treating the same as bogus -Decided against assessee Addition on account of sundry creditors written back by way of enhancement - contention raised by the assessee that the addition was already made by AO on account of sundry creditors written back on substantive basis to give effect to the order of the ld. CIT(Appeals) assed in the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gaged in the business of dealing in Foreign Liquor. The return of income for the year under consideration was filed by him on 31.10.2004 declaring total income of ₹ 3,64,723/-. The said return was processed by the Assessing Officer under section 143(1) on 07.03.2006. Thereafter the assessee filed a revised return on 30.03.2006 showing a total income of ₹ 4,08,710/- . In order to regularize the said revised return, a notice under section 148 was issued by the Assessing Officer, in reply to which it was submitted by the assessee that the revised return filed by him on 30.03.2006 be treated asthe return filed in response to notice under section 148. In the revised return, additional expenditure on account of purchases amounting to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revised return was challenged by the assessee in the appeal filed before the ld. CIT(Appeals) and keeping in view the submissions made by the assessee in support of his case on these issues, a remand report was sought by the ld. CIT(Appeals) from the Assessing Officer on the revised accounts of the assessee. As reported by the Assessing Officer in the remand report, the fol lowing questions were asked by him to the assessee:- (1) The assessee claimed during scrutiny assessment proceedings that purchases of ₹ 4,02,008/- from eleven (11) parties were not considered in the purchase account as per original return as bills of the same were received in the month of April of next financial year whereas the alleged purchases were include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on day to day basis as per principle of accountancy? 4. He claimed ₹ 17/ - more under the head travelling conveyance in the revised account. The question rose about the reason for change and how he made entry in cash account after the end of the financial year. 5. He was asked to explain. the reason for squaring up the credit note receivable account in the revised balance sheet and where it was squared up and against what account? 6. He was asked to explain the reason for change in Advance to Staff account ' in the revised balance sheet and to explain how the refund took place in cash or bank account after the end of the financial year? 7. Another quest ion pointed out to him about increase in drawing acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fer any satisfactory explanation as regards the failure of the assesese to substantiate the claims made on account of additional purchases and renovation expenses in the revised return/accounts during the course of remand proceedings before the Assessing Officer except stating that the case of the assessee was not properly represented before the Assessing Officer during the course of remand proceedings. It is also observed that specific and pertinent questions were raised by the Assessing Officer in respect of claims made by the assessee in the revised accounts/return on account of additional purchases and renovation expenses and no explanation whatsoever was offered by the assessee to reply or clarify the same. On the other hand, it was ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessee on this issue is that the addition of ₹ 6,69,516/- was already made by the Assessing Officer on account of sundry creditors written back on substantive basis vide his order dated 12.03.2008 passed to give effect to the order of the ld. CIT(Appeals) dated 08.02.2008 passed in the case of the assessee for A.Y. 2000-01. He has invited our attention to the copy of the said order placed at page no. 3 of his paper book and submitted that the direction given by the ld. CIT(Appeals) vide his impugned order to add the same amount again to the total income of the assessee on substantive basis, which has been duly complied by the Assessing Officer while giving effect to the order of the ld. CIT(Appeals) vide his order passed on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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