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TMI Blog2020 (4) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellant to force the creditor to appear and get the statements recorded. However necessary documents for the genuine existence of the appellant and confirmation of accounts have been sent by the creditor which are on record Documents on record the Ld A.O. has neither disputed the genuine existence of the creditor nor has doubted the genuineness of the transactions of the creditor with the appellant - Decided against revenue. - ITA No. 6268/DEL/2015 - - - Dated:- 24-7-2019 - Shri N.K. Billaiya, Accountant Member, And Shri Laliet Kumar, Judicial Member For the Assessee : Shri Akhilesh Kumar For the Revenue : Smt. Rinku Singh ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is pref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The return was selected for scrutiny assessment and during the course of scrutiny assessment proceedings, the AO noticed that the assessee has paid advertisement expenses of ₹ 98,054/- without deducting tax at source. The AO was of the firm belief that such expenditure cannot be allowed u/s 40(a)(ia) of the Act and made additions of ₹ 98,054/-. Proceeding further, the AO noticed that the assessee has shown sundry creditors amounting to ₹ 3,33,46,511/-. To verify these creditors, letters were issued to the creditors but the same were returned back as unserved. A show-cause notice was issued to the assessee intimating that these creditors are not available on the given address and required the assessee to produce the partie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing sundry creditors: . 1. Shri Anurag Ahuja, Prop. M/s Shankar Metal Alloyes, 438, Patel Marg, Ghaziabad 2. Shri Jagdish Kumar Ahuja, Prop. M/s Shardha Steel Corporation, 438, Patel Marg, Ghaziabad 3. Sh. Manoj Yadav, Prop. M/s Superior Power Supply Automation, Plot No. 16, North Roadways Bus. Stand, Mohan Nagar, Ghaziabad. 4. Mrs Super Sparks Pvt. Ltd. 4741/23, Nehru palace, New Delhi The statement on oath was recorded of the following sundry creditors on 08-06-2015. 1. Shri Anurag Ahuja, Prop. M/s Shankar Metal Alloyes, 438, Patel Marg, Ghaziabad 2. 2. Shri Jagdish Kumar Ahuja, Prop. M/s Shardha Steel Corporation, 438, Patel Marg, Ghaziabad 3. Sh. Manoj Yadav, Prop. M/s Superior Power Supply Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urag Ahuja, Prop. M/s Shankar Metal Alloys are enclosed herewith for your kind perusal. The statement was recorded of Shri Manoj Yadav, Prop. M/s Superior Power Supply Automation was recorded during the course of assessment proceedings on 22-03-2013 The copy of statement recorded is enclosed herewith for your kind perusal.' In support of the contention documents have been filed by sundry creditor which are enclosed herewith for your kind perusal. In response to the notice U/S 131 issued to M/s Super Sparks Pvt. Ltd., 4751/23, Nehru Place, New Delhi, the said sundry creditor have not attended the proceedings. Statement on oath of the director of the company could not be recorded. The said sundry creditor having PAN AAMPY1979L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a genuine party and therefore the addition made by the Ld. A.O. is not justified Anurag Ahuja prop. Shanker Metal Alloys (Addition of ₹ 62,69,889/-) The above creditor has 'produced himself before the Ld. A'O. during assessment proceedings as mentioned in the assessment order and has submitted the documents as demanded by the Ld. At). However the above statements were not available on record However the the' above creditor has produced himself again before the Ld. A.D. as mentioned in the remand report Dated 26. 06.2015 and has got recorded his statements. The transaction of the above creditor with the appellant has been verified and. accepted by him. ' On the basis of statements recorded and other documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered under Companies Act. The Company is also registered under Central excise since 2001 and under Haryana Vat act since 1983. The above company is supplying Cabins for Cranes. The Balance sheet of the Company downloaded from the website of the Ministry of Company Affairs has been filed by the appellant. All payments to creditor are through Account payee cheque only. As the appellant is a small customer to the creditor, it was not possible for the appellant to force the creditor to appear and get the statements recorded However necessary documents for the genuine existence of the appellant and confirmation of accounts have been sent by the creditor which are on record In view of the facts stated as above. and documents on record t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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