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TMI Blog2021 (1) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration non-justifying the applicability of section 41(1) - Here is a case in which some of the parties sent confirmations with their ledger accounts to the AO through the assessee. AO simply doubted the genuineness of e-mails without brining anything concrete on record as to their non-genuineness.Thus the case is not covered u/s.41(1) calling for any addition - Decided in favour of assessee. - ITA No.1317/PUN/2019 (Assessment Year : 2013-14) - - - Dated:- 29-10-2020 - SHRI R.S. SYAL, VICE PRESIDENT Assessee by Shri M.K. Kulkarni Revenue by Shri S.P.Walimbe ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order dated 19-07-2019 passed by the Commissioner of Income-tax (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Asian Plywood Industries, Mekalady, Kalady, Ernakulam Dist., Kerala ₹ 6,04,242/-; (4) M/s. Kapbsons Saw Mill and Industries, Allapra, PO Perumbavoorm, Kerala ₹ 1,60,129/-; and (5)M/s. Kapbsons Board, Allapra, PO Perumbavoorm Kerala- ₹ 3,20,469/-, the AO noticed that the letters u/s.133(6) sent to three creditors were returned unserved by the Postal authorities, which fact when brought to the notice of the assessee could not be sorted out. Not convinced with the assessee s submission, the AO treated such five creditors totaling to ₹ 15,66,027/- as ceasing to be payable attracting the provisions of section 41(1) of the Act. Ergo, he made addition for this sum. 4. The ld. CIT(A) in the first round of proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been made because all such parties were coming from Kerala. Once the assessee furnished ledger accounts of the parties evidencing the making of payments in a succeeding year that established the existence of liability at the end of the year under consideration non-justifying the applicability of section 41(1) of the Act. Here is a case in which some of the parties sent confirmations with their ledger accounts to the AO through the assessee. The AO simply doubted the genuineness of e-mails without brining anything concrete on record as to their non-genuineness. In view of the foregoing facts, I am satisfied that the case is not covered u/s.41(1) calling for any addition. I, therefore, order to delete the addition. 6. In the result, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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