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2023 (9) TMI 1686

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..... tives of both the sides were heard at length. The case records carefully perused and the relevant documentary evidences brought on record duly considered in the light of Rule 18(6) of the ITAT Rules. 4. Briefly stated the facts of the case are that the assessee filed her return of income electronically on 03.11.2014 declaring income of Rs. 15,75,420/-. The return was selected for scrutiny assessment and accordingly statutory notices were issues and served upon the assessee. 5. During the course of scrutiny assessment proceedings, the AO noticed that the assessee has shown liability of Rs. 91,90,873/- on account of sundry creditors. The assessee was asked to submit the confirmation of sundry creditors. On perusal of the documents .....

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..... her, on perusal of the Return of Income and the computation of Income and bills submitted by the AR of the assessee, it was noticed that these documents had been prepared deliberately, to accommodate M/s Om India Inc., the Proprietorship concern of the assessee only. (c) M/s Meenu Fashion The address on Income Tax Return for A.Y 2014-15 of Smt. Sheena Kakkar, Prop. M/s Meenu Fashion was 140A, Rajouri Garden, Delhi - 110027 and was filed manually on 30.03.2015 with ITO. Ward 57(3). Delhi through ASK Centre acknowledgement no 09030031509400322, however, the PAN of Smt. Sarita Singh was with ITO- Ward 3(3)(5). Saharanpur (UP) and the PAN generation date as per CBN PAN based query was 04.07.2015. The address provided by the AR of the asse .....

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..... see has furnished all the necessary details to justify the genuineness of the purchases. It is the say of the Counsel that no defect has been pointed out in the books of account of the assessee which have been duly audited by a Chartered Accountant. The Counsel further stated that the impugned sales have been accepted as such. In support of his contention; reliance was placed on the decision of Hon'ble High Court of Bombay in the case of Nikunj Eximp Enterprises Pvt. Ltd. 372 ITR 619, Hon'ble Gujarat High Court in the case of Simit P. Sheth 356 ITR 451. 8. Per contra, the DR strongly supported the findings of the AO and read the operative part of the assessment order. 9. We have given a thoughtful consideration to the orders of the author .....

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