9911796707
TMI Blog2017 (12) TMI 926X X X X Extracts X X X X X X X X Extracts X X X X ..... s not considered the additional evidences. The assessee before CIT(A) filed confirmation from these parties, but none of the authorities below have considered the same. We restore this issue back to the file of the AO, who will consider these trade creditors qua the additional evidences and will decide accordingly after allowing reasonable opportunity of being heard to the assessee. This issue of assessee’s appeal is allowed for statistical purposes. Addition of Sundry Creditors for earth Filling expenses - Held that:- After going through the case records are of the view that these evidences should have considered by the AO and accordingly, decision should have been taken. In the entire facts and circumstances of the case and in the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Brief facts are that the AO while going through the vouchers produce by assessee for the expenses of earth filling disallowed 20% of expenses on adhoc basis by observing in Para 5.3.7 as under: - 9. Apart from this on the basis of vouchers produced for Earth filing expenditure. the quality of those documents are up to the mark. Considering the income earned in this activity, the 20'% of ₹ 1,93,79,540 is hereby disallowed and added back the same to the total income of the assessee. Therefore, the disallowance comes to ₹ 38,75908/- (i.e. 20 of ₹ 1,93,79,540/-. Aggrieved, Assessee preferred the appeal before CIT(A), who deleted the addition by observing in Para 5.3.7 as under:- 5.3.7 In this reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty in question has not denied transactions with the appellant, the entries of the accounts in book boths (save for the figure of opening 'balance) match and the payments 35 per the copy of accounts furnished by the appellant and the pay are found reflected in the bank statement, the expenses claimed cannot be held as bogus. Thus in view of these facts, the ad-hoc disallowance of ₹ 38,75,908/- cannot be sustained and is deleted. Accodir.gy, the ground raised by the appellant is allowed. Aggrieved, now Revenue is in appeal before us. 4. We have heard the rival contentions and gone through the facts and circumstances of the case. We find from the facts of the case that the AO during the remand proceedings have test check th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mum/2014, the first issue in this of assessee is as regards to the order of CIT(A) confirming the action of the AO in sustaining the addition of 2 Sundry Creditors of ₹ 3,11,412/-. For this assessee has raised following ground: - On the facts and in the circumstances of the case and in the law, the Id. CIT (A)-XXXI erred and not justified in dismissing the Ground of contention of the Appellant Firm that the Appellant has neither complied the SUSTANCE nor FORM w.r.t Section 133(6) of Income Tax Act. 1951. Although the Appellant has already discharged the ONUS to prove the geriuinity of the transaction on its part during the REMAND proceeding. (This is with reference to Two Sundry Creditors (others) ₹ 311412/-). 8. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Appellant Firm that the Appellant has neither complied the SUSTANCE nor FORM w.r.t Section 133(6) of Income Tax Act. 1961. Although the Appellant has already discharged the ONUS to prove the genuinity of the transaction during the REMAND proceeding. (This is with reference to Sundry Creditors for Earth-Filling Expenses ₹ 19,99,816/-, claimed in P L A/c.) 10. We have heard the rival contentions and gone through the facts and circumstances of the case. We find from the assessment order that there was difference in the bills raised on NDR and bills for Earth Filling by the assessee. The bill raised for earth filling was amounting to ₹ 1,93,99,540/-, whereas, assessee has debited expenses of ₹ 2,13,99,356/-. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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