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2021 (12) TMI 437 - ITAT MUMBAIUnexplained investment u/s 68 - admission of additional evidences - HELD THAT:- On perusal of the bank statement of Rajneesh Dhawan it is observed that he was having sufficient fund available in the bank account by way of encashment of fixed deposits to advance loan to the assessee. It is also observed that the assessee has availed the loan of ₹ 1 crore from Rajneesh Dhawan on interest chargeable @0.75% p.m and the assessee, while paying such interest has also deducted tax at source - Yamini Bhat has filed her return of income for assessment year 2016-17 on 23-01-2017 - it is a fact on record that the bank statement of Rajneesh Dhawan and the tax credit certificate in Form 26AS as well as the income-tax return copy of Smt. Yamini Bhat are being filed for the first time before this Tribunal as additional evidence. Though, prima facie, it appears that both the loan creditors are having creditworthiness and are capable of advancing the loans to the assessee; however, the additional evidences require factual verification. Considering the fact that the additional evidences sought to be furnished before us will have a crucial bearing on deciding the disputed issue, we are inclined to admit them. However, since the departmental authorities did not have an opportunity to verify them, adhering to the rules of natural justice, the departmental authorities have to be given an opportunity to verify them - we are inclined to restore the issue to the file of learned Commissioner (Appeals) for not only considering the additional evidences filed before him but also before us, as well - appeal is allowed, for statistical purpose.
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