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"9.11
9.11 Perusal of the assessment order reveals that the AO has not
mentioned anything about any information available with him to
arrive at the conclusion that the parties did not have
creditworthiness. No inquiries were conducted to bring on records,
Foodlink Services India Pvt. Ltd. 26
ITA Nos. 4851, 4863 &
4854/MUM/2024
any material to arrive at the conclusion of holding that the
transactions
ansactions were not genuine. The AO has not mentioned
anything in the body of order to suggest whether he had any
information or any incriminating evidences in his possession to
come to the conclusion that the investment in shares were
ungenuine. In this
this regards, the AO failed to bring on records, any
positive evidence of flow of cash or cash exchanged between the
appellant and/or the final beneficiary. Further, the AO has
nowhere discussed the issue or the modus operandi alleged to be
carried out by the appellant. The AO has also not zeroed down on
the specific modus operandi employed if any for carrying out the
unexplained investment. The AO has not made any inquiries to
establish that the investment was from a nonexistent entity. No
have been brought on record to indicate that the
evidences have
investment in shares was not a genuine transaction. On the other
hand the appellant has furnished all the documentary evidences
during the assessment proceedings as well as appellate
proceedings to support its contention to substantiate that it is a
genuine transactions where various investors have applied for
shares and the have been duly allotted these shares. Further, as
laid down by the Hon'ble High Court as well as Supreme Court
the addition u/s.68 o off the IT Act was not justified, without making
proper inquiries and bringing on records any adverse findings in
non receipt of reply u/s.133(6) was
respect of the parties. Mere non-receipt
not sufficient ground for making the addition.