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TMI Blog2017 (3) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties from whom the advances was received and sales made to those parties. The ld. DR has not brought anything contrary to the submissions made by the ld. AR. In view of the above we are of the view that the additions made by the lower authorities are not sustainable as the assessee has furnished the necessary details in support of the advances and the subsequent sales. - Decided in favour of assessee - I .T.A. No.2352/Kol /2013 - - - Dated:- 17-3-2017 - Shri A.T.Varkey, Judicial Member and Shri Waseem Ahmed, Accountant Member For The Appellant Shri Anikesh Banerjee and Mrs.Saswati Mitra (Datta) For The respondent : Shri M.K.Chanda, JCIT (Sr.DR) ORDER Per Waseem Ahmed, AM This appeal by the assessee is di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing goods and subsequently goods have been supplied to them. 3. That full details of supply of goods to creditor's were furnished. The same should have been considered. 4. That the addition of ₹ 11,42,010/- should be deleted. 5. That the Appellate Order is otherwise bad-in-law and on other grounds, in details, will be urged at the time of hearing. . 4. The grounds No. 1 to 4 are inter-related and therefore being taken up together is that the ld.CIT(A) has erred in confirming the order of AO by sustaining the disallowance of ₹ 11,42,010/- under the provision of section 68 of the Act. 5. Briefly stated facts as brought on record are that the assessee, an individual, is engaged in the business of buil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21,38,100 The Assessing Officer, during the course of assessment proceedings issued notice to all the aforesaid parties u/s 133(6) of the Act to verify the genuineness of the transactions. Notices were served to the parties except the party appearing at sl. No.14 i.e. Shri Rajib Banerjee. Notice was returned back by the postal authorities as unserved with the remark insufficient address . Therefore, the AO made addition of ₹ 1,41,000/- to the total income of the assessee. The compliance from all other customers was received with the following defects : 1) Parties appearing at sl. Nos. 1 to 5 were Income tax assessees but they failed to furnish the copy of PAN and income tax return for A.Y.2009-10. 2) Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that all the parties are located in a very small place and they do not maintain all the records properly and systematically. However, the ld. CIT(A) after considering the submissions of the assessee had given relief in part by observing as under :- 6. I had considered the comments of applicant submitted during hearing on 04.06.2013. It is on certain practical difficulties in proving transactions. Documentary evidence on financial transaction is sine qua non in any financial transaction. I arrive at a decision as under on facts and evidence. (a) The advance from Sri Bikul Mukherjee, Sri Banshidhar Rajak, Sri Dipak Chatterjee, Sri Satya Prakash Cheel and Sri Subrata Das now accepted by Assessing Officer is treated as genuine. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the place of business of the assessee is located at Raghunathpur, Purulia which was totally devastated by most naxual. Therefore the customers of the assessee could not provide all the details as desired by the lower authorities. The ld. AR further submitted that the parties from whom the advances were received have been billed in the subsequent financial year. In support of his claim the ld. AR drew our attention on pages 22 to 68 of the paper book where necessary details along with the copies of the ledgers are placed. The ld. AR also submitted that in the subsequent years the sale has been accepted by the lower authorities against which the advances was shown by the assessee. Thus the income has been duly offered to incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary details of the parties from whom the advances was received and sales made to those parties. The ld. DR has not brought anything contrary to the submissions made by the ld. AR. In view of the above we are of the view that the additions made by the lower authorities are not sustainable as the assessee has furnished the necessary details in support of the advances and the subsequent sales. While holding so, we also find support and guidance from the judgment of Hon ble jurisdictional High Court of Calcutta in the case of Crystal Networks (P) Ltd vs CIT reported in 35 Taxman 432 (Cal) wherein it was held as under :- 10. We find considerable force of the submissions of the learned counsel for the appellant that the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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