9911796707
TMI Blog2014 (7) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... d before the AO vide written submission dated 18.11.2010. This copy of account as appearing in the books of creditors i.e. Royal Surgical Pvt. Ltd. was filed before AO and placed on records, clearly indicates that request made by the AO vide letter dated 28.10.2010 has been complied with and there is no discrepancy in the accounts. We find that the CIT(A) has verified the assessment records and considered the ledger copy of that party, which tallies with the assessee firm and hence, the bogus purchases added by the AO has rightly been deleted. We confirm the same. This issue of revenue s appeal is dismissed. Disallowance of interest paid without deduction of TDS - appellant received form No. 15G from the parties but the said forms were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing ground nos. 1 and 2: 1.The Ld. CIT(A) has erred in accepting fresh documents at the appeal proceedings in connection with the transactions with M/s. Hindusthan Syringes when the same was not produced before the AO on repeated opportunities. 2. The Ld. CIT(A) has failed to appreciate that the computer generated ledger of a books of accounts cannot be changed at the sweet will of the assessee and the assessee has failed to submit any reasonable cause for such change in ledger accounts after about two years from the finalisation of accounts. 3. We have heard rival submissions and gone through facts and circumstances of the case. The facts are that the assessee firm is C F agent of HSMDL for disposable syringes and acces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is is not a case of bogus purchases as alleged by the AO. In view of these facts, the addition made by the AO at ₹ 11,12,794/- is directed to be deleted. Therefore, the appeal on this ground is allowed. Aggrieved, revenue came in appeal before us. 5. We find that complete reconciliation i.e. entry of purchase as on 31.03.2008 for an amount of ₹ 11,12,794/- was filed. Once reconciliation is filed and the purchase entry is explained, we find no infirmity in the order of CIT(A) and the same is hereby upheld. This issue of revenue s appeal is dismissed. 6. The next issue in this appeal of revenue is as regards to the addition made on account of difference in assessee s accounts and Royal Surgical Pvt. Ltd. s accounts am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shows that the detailed asked by the AO had been complied with by the appellant. The details/documents shows that there is no evidence for treating the transaction as bogus. Therefore, the same is directed to be deleted. Aggrieved, revenue came in appeal before us. 8. We find that the assessee got a copy of account in books of Royal Surgical Pvt. Ltd., which was submitted before the AO vide written submission dated 18.11.2010. This copy of account as appearing in the books of creditors i.e. Royal Surgical Pvt. Ltd. was filed before AO and placed on records, clearly indicates that request made by the AO vide letter dated 28.10.2010 has been complied with and there is no discrepancy in the accounts. We find that the CIT(A) has verif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment order and considered the submission of the appellant. The AO has disallowed the said interest u/s. 40(a)(ia) on the ground that though the appellant received form No. 15G from the parties but the said forms were not submitted to the appropriate authority of the I. T. Department. Accordingly, AO disallowed the said expenses. I have, however, found that this issue is covered by the decisions cited by the A.R. that if the assessee has received form No. 15G then even if the said forms were not submitted to the appropriate authorities, no disallowance can be made u/s. 40(a)(ia). In view of the above, the disallowance is directed to be deleted. In view of the above reasons, and since the Ld. Sr. DR is unable to produce any contradic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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