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TMI Blog2020 (1) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee. Accordingly, we do not find any merit in the petition filed by the assessee and accordingly dismiss the same. - Decided against assessee. - MP No.134/Bang/2019 (In ITA No.1480/Bang/2016) - - - Dated:- 10-1-2020 - Shri B.R Baskaran, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Appellant : Shri C. Ramesh, CA For the Respondent : Shri G. Elamurugu, JCIT ORDER PER SHRI B.R.BASKRAN, AM: The assessee has filed this miscellaneous application with the prayer that there are mistakes apparent from record in the order dated 21-06-2019 passed in ITA No.1480 (Bang)/2016. 2. The Ld A.R submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 7,12,004/-. Accordingly, the Ld CIT(A) confirmed the balance amount of addition of ₹ 16,32,812/- relating to remaining 36 creditors. 3. The Ld A.R submitted that the assessee has furnished following details before the Ld CIT(A) as well as before the ITAT:- (a) Confirmation letters from all the Trade creditors (b) Ledger extracts of some Trade creditors of subsequent year AY 2009-10 (FY 2008-09) (c) List of Agents having taken Licence from APMC, Hubli (d) Licence copy of agents, confirmation letter and ledger extracts along with sample bills 40A(3). The Ld A.R submitted that the Tribunal has not considered above documents and also written ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not furnish confirmation letters called for by the AO, the assessing officer added the above said amount of ₹ 23.44 crores to the total income of the assessee. However, before Ld CIT(A), the assessee furnished confirmation letters and hence the Ld CIT(A) called for a remand report from the Assessing Officer. In the remand proceedings, the AO issued summons to all the 52 farmers, but only 16 persons responded. Hence the Ld CIT(A) granted relief to the tune of ₹ 7.12 lakhs, i.e., to the extent confirmed by the farmers before the AO. Hence the assessee has challenged the decision of Ld CIT(A) in partially confirming the addition. 7. The Tribunal adjudicated this issue as under:- 7. We have heard th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld CIT(A) called for a remand report from the assessing officer. According to the assessee, it has discharged the onus by furnishing confirmation letters. However, in order to verify the veracity of the same, the AO has issued summons to all the 52 farmers, but only 16 farmers appeared before him. Here, the AO has not remained silent after receipt of confirmation letters, meaning thereby, the AO has acted upon the same and conducted enquiries thereon. In view of the above, the Ld CIT(A) has given relief to the extent confirmed by the 16 farmers. Hence, the AO could prove that the balances outstanding in the name of 16 farmers can be considered as genuine. Thereafter, the assessee did not do anything. Under these set of facts, the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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