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TMI Blog2004 (8) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... to the file of the Assessing Officer for fresh adjudication X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. As a corollary thereto, interest paid on these unexplained credits amounting to Rs. 94,602 was also disallowed. The assessee challenged these additions in appeal before the Commissioner of Income-tax (Appeals) before whom he furnished the following written submissions: "The appellant has already annexed a chart in the statement of facts giving complete data of all the seven creditors, a perusal of which would leave no doubt that all payments were received by payee's account cheques and all of them were existing assessees with the Income-tax Officer, Panipat. And first five were being assessed by the Assessing Officer himself. Your honour would kindly appreciate that it is a case of investigation circle and to make an addition of Rs. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r who has completed the assessment under appeal and I am further informed that the relevant records of these creditors are also lying with the said Assessing Officer from where he could conveniently make a counter check and verification of the version of the appellant with regard to these credits. It is also pointed out that even the case of M/s. Riba Textiles Pvt. Ltd. was being assessed with another Assessing Officer in I.T. office, Panipat itself and their return and balance-sheet could be available for verification of credit appearing in the accounts of the appellant. I am of the view that the learned Assessing Officer should have tried to carry out the requisite verification from such records which could be so easily available. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... who give these amounts by account payee cheques, the action could have been considered in the cases of these creditors instead of the appellant's case. Considering all the relevant facts aspects of the matter I hold that the addition of Rs. 22,01,500 is not justified and hence the same is deleted. This ground of appeal is allowed .... 11. It is submitted by the appellant that this ground of appeal is consequential to issue dealt with in ground of appeal No. 2. I have perused the same, the Assessing Officer had treated the credits of Rs. 22,01,500 as not genuine and had also disallowed the same under reference interest of Rs. 94,602 shown as payable by the appellant on the said credits. Since I have held the addition of the said credits as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... responding to his letters or refusing to attend the office. The assessee did not even make a request to the Assessing Officer to make the necessary verification. The assessee appears to have furnished certain material before the Commissioner of Income-tax (Appeals) who has straightaway accepted the same. The order does not show that he afforded any opportunity to the Assessing Officer to verify the correctness of the material produced before him. He has also not recorded a finding that he has himself made any verification from the records of the creditors. The main reason for deletion of the additions is that the Assessing Officer ought to have made counter check and verification from the records of the creditors who, except for M/s. Riba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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