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2018 (6) TMI 1117 - AT - Income TaxUnexplained cash deposited in bank account - Admission of additional evidence - Held that:- The Hon’ble Delhi High Court in the case of Manish Buildwell P. Ltd [2011 (11) TMI 35 - DELHI HIGH COURT] has held that after admitting the additional evidences by the Ld. CIT(A), the evidences should be forwarded to the Assessing Officer for examination by him and for giving rebuttal, if any. Accordingly, relying on the decision of the Hon’ble High Court, we feel it appropriate to restore this issue to the file of the Assessing Officer for deciding afresh after providing adequate opportunity of being heard to the assessee. The assessee is at liberty to file necessary evidences before the Assessing Officer in support of its claims. The ground of the appeal is accordingly allowed for statistical purposes. Nature of receipt - compensation received from GAIL - revenue or capital expenditure - Held that:-We note that the amount in question has been received by the assessee from the Gas Authority of India Ltd. (GAIL) by way of compensation to lay underground pipe in the agricultural land of the assessee. This compensation received has been held by the Ld. CIT(A) as capital in nature - Compensation has been received by the assessee for laying underground pipe by the GAIL, thus, respectfully following the above finding of the Tribunal in case of Jagan Nath Prasad, HUF [2015 (10) TMI 240 - ITAT DELHI] we uphold the finding of the Ld. CIT(A) on the issue in dispute. Accordingly, the ground of the appeal of the Revenue is dismissed.
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