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2018 (6) TMI 1584 - ITAT SURATUnexplained investment in factory shed by applying provision of section 69A - Whether addition made on assumption, imagination and pure guess work? - admission of additional evidence - HELD THAT:- Assessee had filed additional evidence in support of his claim that the expenditure on colour, plaster and flooring of shed was incurred by labour contractor Shri Rameshbhai Nishad proprietor of B. Shah & Co for which payment on account of plaster, clear and flooring of ₹ 1,50,000 was made by cheque No. 506224 dtd. 13.07.2007 and ₹ 1,05,000 by cheque no. 506229 dtd. 19.09.2007. These evidence were not filed before the AO and CIT (A) as manifests from assessment order as well as from appellate order. Therefore, the assessee urged before us to admit the same in exercise the powers under Rules 29 to 31 of Income Tax Appellate Tribunal Rules, 1963, as the omission to furnish these additional evidence in form of account ledger account, bank account statement, copy of bills of plaster, colour and flooring of shed and bills raised by contractor was neither willful nor unreasonable. Looking to the facts and circumstances of the case and law, we are of the view that these additional evidences filed under Rules 28 to 31 of Income Tax Appellate Tribunal Rules 1963, before the Tribunal by the assessee are necessary for proper appreciation of the issue under appeal and would cause of substantial justice - restore this appeal to the file of Ld. AO for allowing proper opportunity of being heard in accordance with law - Decided in favour of assessee for statistical purposes.
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