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TMI Blog2022 (9) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... t of two parties who were sundry creditors the details whereof are given hereinabove and there were difference in the opening balances as per the assessee s books of account vis a vis the details as supplied by the sundry creditors in response to notices issued u/s 133(6) of the Act. CIT(A) has not admitted any additional evidences but only the ledger copies which were part of books of accounts and were produced before the AO. CIT(A) has deleted the addition on the ground that earlier years differences can not be added in the current year which appeared to be correct position of law considering the various case laws relied by the Ld. CIT(A). - Decided against revenue. - I.T.A. No. 911/Kol/2019 - - - Dated:- 1-9-2022 - Shri Sanjay Gar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he genuineness of creditors, the AO also issued notices u/s 133(6) of the Act to the sundry creditors which were replied by the credits by filing details and information as required. The AO, upon examination of the details as received u/s 133(6) of the Act vis a vis the books of the assessee, found that there are difference in the opening balances in respect of two parties namely i) M/s Sandstone Infraprojects Pvt. Ltd. of Rs. 1,65,77,128/- ii) M/s Balaji Pipes Rs. 5,00,000/- and added the same to the income of the assessee. 4. In the appellate proceedings, the Ld. CIT(A) allowed the appeal of the assessee by noting that the differences in the accounts of the sundry creditors were only in the opening balances which did not pertain the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rent year which appeared to be correct position of law considering the various case laws relied by the Ld. CIT(A). Besides, the Ld. A.R. referred to the decision of Coordinate Bench in the case of ITO vs. Garima Advisory Pvt. Ltd. in ITA No. 385/Kol/2019 for AY 2013-14 dated 20.05.2022 wherein the similar issue has been decided by the Co-ordinate Bench in favour of the assessee by holding as under: 9. With the assistance of the Ld. D.R, we have gone through the record carefully, but she was unable to pin-point, which is the additional evidence, filed before the Ld. CIT(A). The Ld. First Appellate authority has re-appreciated the position of accounts available in the balance-sheet right from the earlier years. The Ld. First Appellate Au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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