2018 (7) TMI 2066

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..... t the CIT(A) has applied section 68 of the Act qua the remaining advances which could not be explained in the remand proceedings. The assessee has nowhere been put to notice before invoking section 68 during course of lower appellate proceedings. There is no further issue that section 41(1) applies in the case of outstanding advances carried forward from the preceding assessment years which are either remitted as a case of cessation of liability in the impugned assessment year. We therefore find no merit in the impugned addition converted from cessation of liability to unexplained cash credits for this assessment year. The same stands deleted accordingly. There is no dispute that the assessing authority had nowhere invoked section 68 so far .....

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..... trict the impugned disallowance to 30% only to be followed by necessary computation as per law. This latter substantive ground is treated as partly accepted in above terms.
Hon'ble Shri S.S.Godara, JM And Dr.A.L.Saini, AM For the Appellant: Shri Manoj Tiwari, AR For the Respondent: Shri Saurabh Kumar, Addl. CIT, Sr.DR ORDER S.S.Godara, This assessee's appeal for A.Y.2011-12 arises against the CIT(A)-7, Kolkata's order dated 23.02.2016 passed in Appeal No.556/CIT(A)-7/Kol/R-26/14-15 upholding the Assessing Officer's action adding its customer's advances of ₹ 9,77,500/- as well as disallowance of expenditure claimed of ₹ 1,79,800/- u/s 40(a)(ia) on account of non deduction of TDS; respectively involving proceedings u/ .....

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..... ore clear that the CIT(A) has applied section 68 of the Act qua the remaining advances which could not be explained in the remand proceedings. The assessee has nowhere been put to notice before invoking section 68 of the Act during course of lower appellate proceedings. There is no further issue that section 41(1) of the Act applies in the case of outstanding advances carried forward from the preceding assessment years which are either remitted as a case of cessation of liability in the impugned assessment year. We therefore find no merit in the impugned addition of ₹ 9,77,500/- converted from cessation of liability to unexplained cash credits for this assessment year. The same stands deleted accordingly. 5. Latter issue before us i .....

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