9911796707
TMI Blog2024 (8) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity to the AO to verify the same. In the appellate order, we do not find any (1) reference to any application made by the Assessee for admission of additional evidence, (2) Correspondence with the AO for comments on admission of such evidence, (3) any order admitting such additional evidence. Thus, there is no reference of any power exercised by him u/r 46A of The IT Rules, 1962. Therefore, it is apparent that ld. CIT(A) has admitted the additional evidence without any application made by the assessee, without making any order and without providing any opportunity to the AO. Thus, there is clear violation of rule 46A of the IT Rules. We restore the whole issue back to the file of the ld. CIT(A) to comply with the provisions of Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant craves leave to add, amend or alter all or any of the grounds of appeal. 3. The brief fact of the case shows that assessee is a company engaged in trading of iron and steel, fabrics, chemicals and pharmaceuticals products filed its return of income on 30.11.2014 at total income of Rs. 83,158/-. Subsequently, the return of income was selected for scrutiny and notice u/s 143(2) dated 28.08.2015 was issued. The case was selected for limited scrutiny for the reason of large increase in sundry creditors with respect to the turnover as compared to preceding year. Accordingly, notice u/s 142(1) was issued on 18.04.2016, the assessee submitted that there is no purchase or sale transaction during the year purchases was made on the terms of cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by assessment order dated 29.12.2016. 4. Assessee aggrieved with the same preferred an appeal before the ld. CIT(A). The assessee made a written submission stating that assessee is a private limited company engaged in the trading of plastic and PVC products. Assessment year 2014-15 was the first year of the operation where assessee made a sale of Rs. 11.55 crores against purchase of Rs. 11.52 crores. As on 31.03.2014, assessee had total sundry creditors of Rs. 13,24,00,000/- out of which M/s. B.S. Hydrocarbons Pvt. Ltd. was of Rs. 5,63,40,148/-. During the course of assessment proceedings, the above company could not respond to notice u/s 133(6) of the Act as there was change in the registered office of the creditors but before ld. CIT(A) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transaction. Accordingly, appeal of the assessee was allowed. 5. The ld. Assessing Officer is aggrieved with the same and submitted the ld. CIT(A) has admitted the additional evidence and did not give any opportunity to the Assessing Officer while deleting the above addition. He submitted that in case of the addition, no details were provided before the ld. AO , there is no reference of any application of additional evidence submitted before him, despite this the ld. CIT (A) has considered all the evidence produced before him by assessee and he allowed the claim of the assessee. As the Order of the ld. CIT (A) is in clear violation of Provisions of Rule 46 A of The Income tax Rules, therefore, the order of the ld. CIT(A) is not sustaina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anged its registered office also. This explanation was not available before the AO and new address was also not supplied to the AO. Before the ld. CIT(A), assessee submitted the (1) confirmation of the creditor( 2) balance sheet of the creditor , (3) . The ld. CIT(A) has mentioned as under The assessee has also produced Confirmation and Audited books of account of M/s. B.S. Hydrocarbons Private Limited. On perusal of the same, it is found that M/s. B.S. Hydrocarbons Private Limited in its balance sheet had shown Trade receivable from M/s Nirmit Mercantile Private Limited amounting to Rs. 5,63,40,148/-. The appellant has also produced the confirmation of M/s. B.S. Hydrocarbons Private Limited wherein the creditor having accepted trade receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
