9911796707
TMI Blog2022 (4) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the credits, which otherwise cannot be added back during the assessment year under consideration. Counsel has also relied upon the bank statements and copy of the ledger in the name of the assessee in the books of accounts of the aforesaid creditors and has further submitted that the assessee will produce the aforesaid two creditors before the AO. In our view, the interest of justice will be well-serve if the assessee is given an opportunity to produce the necessary evidences/creditors for the verification of the transaction in question. Impugned order of the ld. CIT(A) is set aside on this limited issue with a direction that the ld. CIT(A) will give an opportunity to the assessee to produce the evidences/creditors, if so requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive machinery to substantiate the veracity of transactions giving rise to creditors, where details of bank transaction with the said creditors were available at the time of Remand-assessment. 3. That on the facts and in the circumstances of the case, Ld. Commissioner of Income Tax (Appeals) failed to consider and appreciate that the appellant was not given any opportunity to rebut the alleged no response to the notice u/s 136 of Income Tax 1961, issued to the creditors. 4. For this and other grounds, which may be urged at the time of hearing, the appeal may be allowed and justice rendered. 2. At the outset, the ld. Counsel for the assessee has submitted that the sole issue involved in this appeal is relating to the additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid credits and regarding the creditworthiness of the creditors. The ld. DR has relied upon the findings of the lower authorities to submit that the ld. CIT(A) had given adequate opportunity to the assessee to produce the aforesaid creditors and the assessee even could not produce the aforesaid creditors in the remand proceedings before the Assessing Officer. She, therefore, has prayed for dismissal of the appeal. 3. We have considered the rival contentions of both the ld. representatives of the parties. In this case, the sole issue is relating to the addition made by the Assessing Officer due to unverifiable creditors. It is the case of the assessee that the assessee tried his best to persuade the aforesaid creditors to appear before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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