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TMI Blog2019 (5) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... o that of the A.O and, therefore, he should have examined the transaction if he wanted to invoke the provisions of Section 68. Failing which the action of the CIT (A) cannot be upheld. The contention of the DR that fresh opportunity should be given to the CIT (A) to examine the transaction does not have any force. No second innings should be given to examine the same set of facts which were very much before the lower authorities. No merit in the order of the CIT(A). Direct the A.O to delete the addition - Decided in favour of assessee. - ITA No:-4670/Del/2018 - - - Dated:- 22-5-2019 - Sh. N. K. Billaiya, Accountant Member For the Assessee : Sh. P. C. Yadav, Advocate For the Revenue : Sh. S. L. Anu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bogus expenses on account of purchase from M/s Kumar Sales and proceeded by making the addition of ₹ 4,97,589/- u/s 69C of the Act. 5. The assessee assailed the assessment before the CIT(A) and strongly contended that the purchases are duly recorded in the books of accounts supported by invoices and, therefore, provisions of Section 69C do not apply on the facts of the case. It was further pointed out that the A.O has accepted the sales made out of the purchases. 6. The CIT (A) was convinced that Section 69C is not applicable on the facts of the case. However, the CIT (A) was of the opinion that the A.O should not have accepted the credit in the books amounting to ₹ 5,02,075/- as explained. The CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .O to issue summons to M/s Kumar Sales to force its attendance and examine the transaction. I further find that the CIT(A) realizing that Section 69C is not applicable on the facts of the case invoked Section 68 of the Act. In find that the assessee has furnished all the details of sales made to M/s Overseas and such details can be seen from the following chart:- Details of sales: S. No. Date Party Name Quantity Invoice amount 1 4/1/2014 M S Overseas 945 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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