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TMI Blog2023 (2) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer for his comments, because, the CIT(A) himself has verified confirmation filed by the assessee. Therefore, we are of the considered view that there is no error in the reasons given by the CIT(A) to partly allow appeal filed by the assessee. Thus, we are inclined to uphold the findings of the CIT(A) and dismiss the appeal filed by the revenue. - ITA No. 669/Chny/2020 - - - Dated:- 31-1-2023 - SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER For the Appellant : Shri. AR.V. Sreenivasan, Addl. CIT For the Respondent : Shri. S. Sridhar, Advocate Shri. N. Arjunraj, CA ORDER PER G. MANJUNATHA, ACCOUNTANT MEMBER: This appeal filed by the revenue is directed against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the creditors. The assessee carried the matter in appeal before the first appellant authority and filed confirmation from certain parties. The ld. CIT(A), after considering relevant submissions of the assessee and also by relying upon certain judicial precedence partly allowed appeal filed by the assessee, where he had deleted addition made towards trade payables u/s. 68 of the Act for Rs. 3,51,30,505/- and sustained balance additions of Rs. 17,69,198/-, because the assessee could not file confirmation from the parties. Being aggrieved by the CIT(A) order, the revenue is in appeal before us. 4. The Ld. DR, submitted that the Ld. CIT(A) erred in deleting addition made towards trade payables u/s. 68 of the Act, by admitting certain add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, he has sustained additions to that extent. The only grievance of the revenue is with regard to violation of rule 46A of the IT Rules, 1962. In our considered view, when the CIT(A) has recorded categorical finding that the assessee has furnished confirmation and also reproduced the party name and address from whom the assessee had transactions, there is no need to give opportunity to the Assessing Officer for his comments, because, the CIT(A) himself has verified confirmation filed by the assessee. Therefore, we are of the considered view that there is no error in the reasons given by the CIT(A) to partly allow appeal filed by the assessee. Thus, we are inclined to uphold the findings of the CIT(A) and dismiss the appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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