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TMI Blog2022 (1) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... i M. Kapila, Adv.; Shri R. R. Maurya, Adv.; ShriParvesh Sharma, Adv. Department by: Ms. Nidhi Sirivastava, [CIT] D.R.; ORDER PER N. K. CHOUDHRY, J. M. 1. This appeal has been preferred by the Assessee against the order dated 27.09.2018 impugned herein passed by the ld. Commissioner of Income Tax (Appeals) 1, New Delhi, (in short Ld. Commissioner ) u/s 250 (6) of the Income Tax Act 1961 (in short the ACT ) for assessment year 2013-14. 2. In this case the return of income for declaring a loss of ₹ 26,34,469/- was filed by the Assessee on dated 30th November, 2013. Thereafter the case of the Assessee was selected for scrutiny and assessment was framed on dated 30th March, 2016 while assessing the income of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CIT(A) and also no adjustment has been made for other non-cash expenditure like depreciation, forex loss booked, etc. The learned CIT(DR) has submitted that issue needs verification at the end of lower authorities. We are in agreement with the learned DR because this is a matter of factual verification on the basis of financial statement of earlier year as well as financial statement of the year under consideration. Accordingly, we set aside the finding of the learned CIT(A) on the issue of addition of 4,51.21,897/- and restore the matter back to the file of the Ld. CIT(A) for deciding afresh after providing adequate opportunity of being heard to both the assessce as well as to the Assessing Officer. The Ground No. 1 (iv) of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. As far as the liability of the current year is concerned, the learned C1T(A) has observed that no documentary evidence in support of purchases from the sister concern were filed before him. Before us, the learned counsel has filed sample copy of evidence in support of import of goods from the sister concern. In our opinion, mere sample copy of documentary evidence for one transaction of import, is not sufficient to decide the issue in dispute whether the purchases in reference are bogus as held by the learned CIT(A) and the Assessee should produce documentary evidence in support of all the purchases made during the year under consideration. We are of the considered opinion that this issue needs verification by the lower authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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