9911796707
TMI Blog2021 (8) TMI 273X X X X Extracts X X X X X X X X Extracts X X X X ..... any further investigation on the basis of bank account showing the payment made by the assessee to these two parties and also not asked any detail from the assessee pertaining to the particulars of trucks deployed for transportation by these two parties. AO has not taken any action u/s. 271A(1)(c) of the Act as per which if any person to whom summon is issued u/s. 131(1) either to attend to give evidence or produce books of account or other documents at a certain place and time, omit to comply, he can be penalized u/s. 272A(1)(c) of the act. Looking to the above facts and circumstances, we consider that the Assessing Officer has neither initiated any proceedings to enforce the attendance of thee two parties in compliance to the summon i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,50,927/- by taking average net profit for 3 years and rejecting books of account of assesse u/s 145(3) of the Act Even though the books of account of appellant are audited and fully examined and verified and no incorrectness or mistake were found the addition have been incorrectly confirmed. It is submitted that the same be deleted now. 3. The Order passed by the learned CIT(A) is bad in law and contrary to the provisions of law and facts. It is submitted that the same be held so now. 3. The fact in brief is that return of income declaring income of ₹ 24,45,520/- was filed on 28th Sep, 2012. The case was subject to scrutiny assessment and notice u/s. 143(2) of the Act was issued on 23rd Sep, 2013. During the course of as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nel before the Assessing Officer and the ld. CIT(A) in support of her claim. The ld. counsel has referred page no. 55 of the paper book pertaining to detailed information filed by the assessee on 27th January, 2015 during the course of assessment proceedings before the Assessing Officer along with copy of ledger accounts and copy of bank statements in support of transportation expenses related to the above referred two parties. The ld. counsel vehemently contending that without considering the details and evidences filed by the assessee, the ld. CIT(A) has improperly sustained the additions without any fault of the assessee. On the other hand, ld. Departmental Representative has supported the order of lower authorities stating that Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese parties as bogus only on the basis of non-compliance made by these parties to the summon issued by the Assessing Officer u/s. 131 of the Act. It is undisputed fact that as per the material on record these two parties were existed at the given addresses. In this regard, it is observed that Assessing Officer has neither taken any steps to enforce the attendance of these parties in view of non-compliance of the summons nor made any further investigation on the basis of bank account showing the payment made by the assessee to these two parties and also not asked any detail from the assessee pertaining to the particulars of trucks deployed for transportation by these two parties. It is further observed that Assessing Officer has not taken an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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