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TMI Blog2023 (4) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the submissions and additional evidences, ld. CIT (A) shall pass an order as per law. Needless to add, assessee should be granted adequate opportunity of being heard. Appeal of the assessee stands allowed for statistical purposes. - ITA No.3182/Del./2018 - - - Dated:- 21-3-2023 - Shri Shamim Yahya, Accountant Member And Ms. Astha Chandra, Judicial Member For the Assessee : Shri V.K. Sabharwal, Advocate, Shri R.B. Gupta, Advocate For the Revenue : Ms. Indu Bala Saini, Sr. DR ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of ld. CIT (Appeals)-12, New Delhi dated 12.02.2018 pertaining to the Assessment Year 2014-15. 2. The grounds of appeal taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me before the Assessing Officer due to his serious illness. 4. That the appellate order passed by the Ld. CIT(A) was further perverse to the law and to the facts of the case, because of not taken into consideration that the appellant has paid to the creditors a sum of Rs.1,47,10,075/- vide cheque no. 511450 dated 19.03.2014, therefore, there was no any difference of amount if any be appears in the books of appellant as on 3l.03.2014. 5. That the appellate order passed was further not correct under the law and to the facts of the case, thereby not adjudicating upon the proper evidence filed and placed upon records by the appellant under Rule-46A(b) of the I.T. Rules. thereby reconciling the difference of Rs.1.47,10.075/-, for which he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings initiated u/s 271(1)(c) and interest charged u/s 234B of the Act while completing the order was further not in consonance of the illegal and impugned additions made in the hands of the appellant while finalizing the orders on 29.12.2016. 3. Although assessee has raised various grounds, the sole issue in the appeal is addition of Rs.1,47,10,075/- under section 41 (1) of the Incometax Act, 1961 (for short 'the Act'). 4. Brief facts of the case are that from the assessment order, it is seen that the assessee is in the business of trading of menthol oil and the list of sundry creditors included an amount of Rs.2,17,85,150/- due in the name of M/s Suraj Trading Company, Gangyal, J K. The AO required the appellant to fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representing remission or cessation of trading liability u/s 41 (1) of the Act. 5. Before the ld. CIT (A), assessee submitted additional evidences documents and wanted opportunity to be heard. However, ld. CIT (A) held that sufficient opportunity has been given to the assessee and he has not responded. So, he declined to admit the application under Rule 46A of the Income-tax Rules, 1962. The concluding part of the order of ld. CIT (A) read as under :- Before me during the appeal proceedings, the appellant does not dispute the fact about number of opportunities were given to him to reconcile the difference. The appellant has submitted the copies of the balance sheets of M/s Suraj Trading Company relevant to AY 2014-15 and A Y 2015- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terial available with the AO to differ from him making addition of Rs.1,47,10,075/- u/s 41 (1) of IT Act. The above grounds of appeal are rejected. 6. Against this order, assessee is in appeal before us. We have heard both the parties and perused the records. 7. Ld. Counsel of the assessee submitted that there were some genuine reasons because of which documents and replies could not be submitted to the AO. The assessee was suffering from failure of kidney. In this regard, medical prescription has also been attached. Ld. Counsel of the assessee prayed that the matter may be remitted to ld. CIT (A) for fresh consideration in the light of the additional evidences and submissions made. 8. Per contra, ld. DR for the Revenue did not ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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