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2016 (1) TMI 352 - ITAT DELHIAddition u/s 68 - non considering and appreciating the additional evidences submitted by the assessee under Rule 46A of the Income-tax Rules, 1962 before the Learned CIT(Appeals) - Held that:- After filing the additional evidence and Learned CIT(Appeals) took step provided in sub-rule(3) to Rule 46A of the Income-tax Rules giving an inference that the additional evidence sought to be produced by the assessee was relevant material and the Learned CIT(Appeals) had entertained these additional evidences and only thereafter he had sent it to the Assessing Officer under sub-rule(3) for verification. Thus, after calling of the remand report on merit as contemplated in subrule( 3) to Rule 46A, the Learned CIT(Appeals) is precluded with his discretion for refusing to admit the additional evidence. Since the Assessing Officer in his remand report had accepted the three deposits amounting to ₹ 14,34,271 in total, the Learned CIT(Appeals) was not justified in upholding the same. The same is thus directed to be deleted. So far as the balance deposit of ₹ 3,07,011 is concerned, the explanation of the assessee remained that this amount was coming from last year debtors and it was accepted by the Assessing Officer. We find that in its remand report, the Assessing Officer had not accepted this explanation in absence of filing of address and PAN, details of debtors but the Assessing Officer has not verified the explanation of the assessee that this amount was duly shown in the last year in the balance as on 31.3.2006. We thus set aside this matter to the file of the Assessing Officer to verify as to whether the amount of ₹ 3,07.011 was shown in the balance sheet of the last year and make the assessment accordingly after affording an opportunity of being heard to the assessee regarding the addition of ₹ 3,07,011. - Decided partly in favour of assessee.
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