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TMI Blog2021 (4) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... material related to the original bills were properly field before the Assessing Officer as well as CIT(A). The so called confirmations and the response to Section 133(6) notices were also not on record. From the assessment order and the order of the CIT(A), it emerges that the assessee has not filed original bills before the Assessing Officer as well as CIT(A). Therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer to examine the original bills and vouchers along with the proper confirmations from the respective parties and thereafter make the adjudication. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice. Appeal of the assessee is partly allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roup) on 31/07/2008 during this action certain documents and stock belongings to Shri Ghanshyam Sharma, Proprietor of M/s. A.K. Traders were found. Certain other documents were also seized from other premises and accordingly proceedings u/s. 153C of the Income Tax Act, were initiated in the case of the assessee. For Assessment Year 209-10, the assessee filed return of income on 30/09/2009 declaring an income of ₹ 46,15,830/-. Notice u/s. 143(2) was issued on 6/9/2010 and was duly served upon the assessee. The assessee filed necessary responses before the Assessing Officer. The assessee is carrying the business of manufacturing of Pan Masala/Gutka of Raj Darbar Brand. During the search proceedings certain discrepancies with reference t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... point of time. Notice u/s. 133(6) was lacs issued to M/s. Sanjay Traders but no reply confirming the transaction was received by the Assessing Officer. Therefore, the Assessing Officer made addition of ₹ 72,08,416/- towards the difference in stock and also rejected the books of account of the assessee. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted as under:- "3. It is submitted that during the course of assessment explanation was submitted and even during statement recorded, difference was explained (PB 60 & also 23 in PB 2). It was explained that bills of Sanjay Traders and Vishal Traders relating to Kaththa a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at difference in stock was below ₹ 5 lakhs as explained on 02.12.2008 during the course of statement recorded, however, the appellant has already declared ₹ 25 lakhs as income and does not want to retract and paid taxes thereon. At the time of the filing of the return the consultant declared the same in two parts ₹ 5 lakhs against stock and 20 lakhs as cash in hands in the books of accounts. During the course of assessment proceedings it was explained accordingly vide letter dated 20.12.2010 PB - 57-59 and 20-22 in PB-2. 5. It is submitted that the AO has wrongly calculated the difference at ₹ 72,08,460/- without giving effect to the purchases made by the appellant supported by the bills as well as transport receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst appellate authority. 9. It is submitted that this assessment was made u/s. 143(3) on the basis of search material found during the search of Rajdarbar Group at the premises belonging to Rajdarbar Group of companies. The AO did not refer to any satisfaction note of the assessing officer that these documents belong to the appellant's undisclosed income. Further assessment was also not made u/s. 153C as required under the relevant provisions and there is nothing on record to show that assessment was taken up for scrutiny on the ground of material found during search. AO has merely referred to notice u/s. 153C but no satisfaction note was mentioned in the assessment order. The assessee in order to buy peace did not challenge these leg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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