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TMI Blog2022 (6) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... ify the genuineness of the claim of the assessee has also stated to have recorded statement under oath and field enquiries of some of the parties. In addition these documents, the assessee has also submitted the purchase and sale register of the proprietorship concern along with VAT return as additional evidences. These documentary evidences submitted by the assessee have not been doubted by the Assessing Officer in his remand report neither has he pointed out any discrepancy in the same. Owing to the remand report submitted by the Assessing Officer after conducting due enquiries, the ld. CIT(A) has deleted the addition made by the AO as no discrepancies were found by the AO during the remand proceedings. In a way, the remand report has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ancore, account No. 67010515342, total deposits in the account was found to be Rs.30,71,72,552/-. The assessee in his reply dated 27.12.2016 has stated that this account is the current account in the name of M/s Ganga Traders, Prop. Sh. Anil Kumar Kanodia and all the sales receipts are entered in this account. 4. The Assessing Officer has added an amount of Rs.15,11,85,776/- treating the same as undisclosed income of the assessee. 5. Aggrieved the assessee filed appeal before the ld. CIT(A) 6. During the proceedings, the ld. CIT(A) the assessee in his written submissions has submitted that the addition made by the AO is unjustified and bad in law since the amount of Rs.15.11,85,776/ added by him was never doubted by him during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. Anil Kumar Kanodia 2,04,86,291.14 13. Cash Deposit 5,90,000.00 Total 33,27,61,319.91 8. The assessee has submitted that the total credits appearing in the bank account is Rs.33,27,61,319/- as against Rs.33,71,72,552/- reported by the Assessing Officer in the Assessment Order. Further, in order to substantiate the nature and source of funds/deposits appearing in the current account, the assessee has submitted the following additional evidences under Rules 46A. i. Copy of Purchase and Sales register of m/s Ganga Traders for the period ii. Copy of VAT Return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d was given even for the reply show cause notice dated 16.12.2016 and the said show cause notice was served on the appellant on 21.12.2016 and the date of hearing was fixed for 23.12.2016, meaning thereby only two days were given for the reply of show cause. Accordingly, even if the AO would have required in the said show cause, the assessee to explain the credits in the bank account with documentary evidence, it would not have been possible for him to submit the voluminous documents in such short span of time. In this background, the assessee has pleaded that since no reasonable opportunity of being heard was given during the course of assessment proceedings. Additional evidence should be admitted at this stage. 11. The submission of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he year under consideration. 14. Further, Mr. Nischint Kanodia, Director of M/s Nischint Traders Pvt. Ltd also appeared before the Assessing Officer and his statement was recorded on oath wherein he has confirmed the amount paid to M/s Ganga Traders on account of purchase of material and business advances during the year under consideration. The AO has further mentioned to have conducted field enquiry through his inspectors with respect to M/s Nischint Traders Pvt. Ltd. and M/s Nischint Foods Pvt. Ltd. 15. The inspector in his report has stated to have visited the registered address of the two companies and has confirmed that the two companies are active and working at the given address. The inspector has also inspected the premises o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee has also submitted the purchase and sale register of the proprietorship concern along with VAT return as additional evidences. These documentary evidences submitted by the assessee have not been doubted by the Assessing Officer in his remand report neither has he pointed out any discrepancy in the same. 19. Owing to the remand report submitted by the Assessing Officer after conducting due enquiries, the ld. CIT(A) has deleted the addition made by the AO as no discrepancies were found by the AO during the remand proceedings. In a way, the remand report has given a clean chit to the affairs of the assessee. Hence, the decision of the ld. CIT(A) which was wholly based on the remand report cannot be interfered with. 20. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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