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TMI Blog2015 (9) TMI 1628X X X X Extracts X X X X X X X X Extracts X X X X ..... on record, that the said parties are not existing and their creditworthiness and genuineness is highly doubtful.A.O. has rather summarily dismissed the confirmation letters on the sole ground that the same are stereotyped and has never given findings that the confirmation filed by the assessee in respect of the nine sundry creditors are fake one and of non existing entities; No doubt Inspector, income tax deputed by the A.O. reported that M/s. R. K. Enterprises, Natraj Sanitary and Verma Engineering works are non-existing, but the assessee has never been provided opportunity to produce them, or to fill their latest addresses but outrightly, ignored the confirmations and business transactions submitted by the assessee; Notices sent to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee for the Assessment Year 2006-07, declaring an income of ₹ 1,38,320/-, the case was put under scrutiny through CASS and consequently, notice u/s 143(2) dated 19.10.2007 was issued. The assessee attended the assessment proceedings from time to time and claimed his sundry creditors to the following effect:- 1 M/s. Mayur Electronics Rs.28,159/- 2 M/s. Verma Engineering Works Rs.1,59,955/- 3 M/s. S.L.B. Exports Ltd. Rs.48,430/- 4 M/s. J.K. Tube Co. Rs.24,248/- 5 M/s. N.K.A. RCC Pipe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the assessee during the relevant period of 2005-06 and 2006-07. However, the assessee has filed confirmation regarding following sundry creditors:- 1 M/s. Mayur Electronics Rs.28,159/- 2 M/s. Verma Engineering Works Rs.1,59,955/- 3 M/s. N.K.A. RCC Pipes Sup. Rs.2,57,283/- 4 M/s. Ved Generators Rs.1,49,377/- 5 M/s. Katyal B.M.S. Rs.18,750/- 6 M/s. R. K. Enterprises Rs.83,326/- 7 M/s. Natraj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the confirmation letters as detailed at page 5 of the impugned order have been wrongly treated as stereotyped; that the assessee has not been given sufficient time to file reply nor it was asked to produce such sundry creditors nor he was confronted with the confirmations field by sundry creditors, and prayed for setting aside the impugned order. 8. On the other hand, Ld. D.R. relied upon the order of A.O. as well as Ld. CIT(A) and contended that since out of eleven sundry creditors claimed by the assessee, two were found to be not existing and confirmations made by eight sundry creditors were found to be stereotyped, nor any material has been placed on record to support the confirmations, the assessee has no liability towards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ket, Opp. OBC Nangloi, Delhi-110041 Neither letter received back nor any compliance to the letter. 5 Shri Madan Lal Prop. M/s Rajni Building Material Supplier Badli Village, Outer Ring Road, Delhi. Returned back unserved by thepostal authorities. 6 Shri Narinder Kumar Aggarwal Prop. M/s N K Aggarwal A-80 DDA Colony, Khayola, Delhi-110018. Neither letter received back nor any compliance to the letter. 7 Shri Mohan Lal Verma Prop. M/s Verma Engineering Works Flat No. 91, Pocket B-5, Sector-18, Rohini, Delhi-110085. Neither letter received back nor any compliance to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 68 of the Act by providing confirmation letter from the sundry creditors, the onus stands shifted to the A.O. to controvert the same by bringing cogent evidence on record, that the said parties are not existing and their creditworthiness and genuineness is highly doubtful. The A.O. has rather summarily dismissed the confirmation letters on the sole ground that the same are stereotyped and has never given findings that the confirmation filed by the assessee in respect of the nine sundry creditors are fake one and of non existing entities; iii) that no doubt Inspector, income tax deputed by the A.O. reported that M/s. R. K. Enterprises, Natraj Sanitary and Verma Engineering works are non-existing, but the assessee has never been provide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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