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TMI Blog2022 (9) TMI 456X X X X Extracts X X X X X X X X Extracts X X X X ..... ing liability in the name of ACE Enterprise. Further verification by the Department it was found that no such person in the above address and it was only a residential complex.The assessee failed to provide necessary details before any of the Authorities. We have no hesitation in upholding the order passed by the Ld. CIT(A) and confirming the addition. Decided against assessee. - ITA No. 2293/Ahd/2018 - - - Dated:- 5-8-2022 - Ms. Annapurna Gupta , Accountant Member And Shri T. R. Senthil Kumar , Judicial Member Appellant by : None Respondent by : Shri V. K. Singh , Sr. D. R. ORDER Per T. R. Senthil Kumar , Judicial Member The present appeal has been filed by the Assessee against the order dated 04.09.2018 passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.3. As there was no further compliance from the assessee. Therefore the liabilities outstanding in the name of ACE Enterprises of Rs. 53,66,621/- and Rudra Enterprises of Rs. 27,43,021/- wherein the assessee has not proved the identity, creditworthiness, genuineness of the transaction. Therefore the Assessing Officer added the above amount of Rs. 81,07,642/- as cash credit u/s. 68 of the Act. 3. Aggrieved against the same, the assessee filed an appeal before the ld. CIT(A). During the appellate proceedings, the assessee filed few more documents before the Ld. CIT(A). The additional evidences were sent to the A.O. calling for a remand report. The AO's remand report vide his letter dated 04.04.2018 which reads as follows: 3. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idences should not be admitted. More over during assessment proceedings as well as the appellate proceedings assessee has not furnished the confirmation and credit worthiness of the creditor ACE Enterprise. Mere giving purchase bills and purchase register along with the sales register does not serve the purpose of confirming the outstanding liability in the name of the creditor. The Revenue sought confirmation of the outstanding liability which was outstanding at the end of the year, the creditworthiness of the creditor and to confirm the genuineness of the liability. 3.3. Thus, as submitted above, assessee has grossly failed to confirm 'the outstanding credit balances of the creditor at assessment proceedings as well as the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these evidences during the remand proceedings and stated that mere giving purchase bills, purchase register alongwith the sales register does not serve the purpose of confirming the outstanding liability in the name of the creditor. The AO has specifically called for confirmation of the said party however the appellant has failed to furnish the same during the assessment proceedings as well as during the appellate proceedings. On the given address the party was not found as reported by the inspector after visiting the place. These facts clearly show that the primary onus which lies upon the appellant has not been discharged. The contention of the appellant that in subsequent financial years the appellant has paid the outstanding amount to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee has not proved the case both before the Assessing Officer as well as before the Appellate Authority. The assessee said to have repaid the amount in subsequent years and no details is being produced. In the absence of the same, the findings of the Ld. CIT(A) does not require any interference and therefore the appeal is liable to be dismissed. 7. We have given our thoughtful consideration and perused the materials available on record. There is a Paper Book filed by the assessee which is running to 152 Pages, wherein copies of the Ledger Account, Purchase Bills, Purchase Register and Sales Register were being filed. But no details about copy of the bank statements on the Repayment of the above amount of Rs. 53,64,621/- to ACE ..... X X X X Extracts X X X X X X X X Extracts X X X X
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