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2012 (12) TMI 213 - UTTARAKHAND HIGH COURTAppeal against an order of Tribunal remanding back the matter to AO - held that:- An explanation, unless a suitable opportunity is given to verify the same, cannot be treated as a material brought on record. - An explanation pertaining to an entry made by the appellant ought to have had been explained at the time the survey was conducted. -He having had not done so, it was his obligation to explain the same to the Assessing Officer. - He did not do so. - He purported to give explanation before the first Appellate Authority thereby preventing the Assessing Officer to satisfy himself that the explanation is worthwhile. Therefore, the Tribunal was constrained to remit back the matter for re-assessment.
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