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2016 (5) TMI 1086 - AT - Income TaxUnexplained cash credit u/s 68 - Held that:- It is observed that when the affidavit was filed by the assessee before the ld. CIT(A) then same becomes an additional evidence and thus the ld. CIT(A) should have either accepted or rejected the same. It is emerges from the record that the assessee has been taking inconsistent plea i.e. first claiming the creditor to be dead and then claiming the creditor that she is residing in South Africa. Similarly, in the case of one Shri Mohan Lal Gupta, there seems to be various discrepancies which needs to be clarified. Thus by considering the facts and peculiar circumstances of the case and also in the interest of justice the issue of cash credit is set aside and restored back to the file of the AO to decide it afresh by providing reasonable opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes.
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