9911796707
TMI Blog2022 (10) TMI 1054X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax Appellate Tribunal, Surat Bench, Surat in ITA No.1671/AHD/2016 for the Assessment Year 1998-99. 2. The appellant-assessee has proposed the following substantial questions of law : "(1) Whether on facts and in law, the Tribunal has substantially erred in law confirming the addition of unsecured loan of Rs.13,67,670/though the primary evidences like confirmation accounts and acknowledgment of filling return of income Pan Card of depositors and audit report u/s 44AB of a Chartered Accountant who is like eye witness of having verified the books of accounts and the other related documents is on record of the Department and all these transactions are routed through Bank? (2) Whether on facts and in Law, the Tribunal has substantially e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 254 of the Act, 1961 on 29.12.2009 making the same additions. 3.5. The CIT (Appeals) by order dated 02.07.2010 in the Appeal preferred by the appellant-assessee only confirmed the additions of Rs.2,00,000/- made by the Assessing Officer and Rs.50,000/- out of Rs.90,100/- towards miling expenses and 42,900/- towards the octroi and freight expenses. The CIT (Appeals) further confirmed the addition of Rs.43,366/- on account of differences towards the electricity expenses and advance of Rs.3,00,000/-. 3.6. The department, being aggrieved by the addition deleted by the CIT (Appeals) preferred an Appeal before the Tribunal and Tribunal again by order dated 27.11.2013 set aside the assessment order and the order passed by the CIT (Appeals) passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his written submissions stated that if a chartered Accountant gives unqualified certificate in the prescribed form then in that situation books of accounts, voucher, bills, bank statements etc should not be called for either in the case of public company or in the case of private companies where the accounts have been audited by an auditor qualified to audit a public company's account and he has given a certificate, similar to that given in the case of a public company. We do not agree with ld Counsel. The purpose of scrutiny assessment under section 143(3) is to examine, books of accounts, voucher, bills, bank statements etc. That is in order to verify the unsecured loan, and advances, the assessing examine books of accounts, pills, ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal in the second round before the Tribunal in view of the instruction No.5/2008 dated 15.05.2008 as the Appeal could not have been filed because of the law tax effect by the Department before the Tribunal. 4.3. In support of his submissions, learned advocate Mr.Shah relied upon the following decisions : 1. UCO Bank Versus CIT (1999) 237 ITR 889 (SC). 2. CIT Versus Aspinwall & Co. Ltd (1993) 204 ITR 225 (Ker). 3. Grindlays Bank PLC Versus CIT (1993) 201 ITR 348 (Bcm). 4. State of M.P. Versus G.S. dal & flour Mills (1991) 187 ITR 478 (SC). 5. We have gone through the material on record and the orders passed by the Revenue Authorities as well as the order passed by the Income Tax Appellate Tribunal. On perusal of the orders it app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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