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2023 (3) TMI 1239 - AT - Income TaxAdmission of additional evidence by CIT-A - Addition of LTCG - CIT(A) admitted additional evidence in support of contention that the investments were not liquidated by the assessee during the year under consideration but the same were liquidated/withdrawn by the assessee in the succeeding assessment year - CIT(A) admitting fresh evidence in contravention to Rule 46A of I.T. Rules - Whether CIT(A) has erred in not remanding the case back to the AO for examining fresh evidence which is in the form of Bank Statement of assessee ? - HELD THAT:- Evidently, before admitting such additional evidence in support of the assessee’s case, the ld. CIT(A) has not referred the matter back to the ld. Assessing Officer for his comments and has not sought remand report from the ld. AO before adjudicating the appeal in favour of the assessee. We observe that the due process as prescribed under Rule 46A of the Income Tax Rules has not been followed in the instant facts. Thus looking into the facts of the case, in the interest of justice, the matter is being restored to the file of ld. Assessing Officer for examining the case of the assessee afresh after examining the claim of the assessee in the light of the supporting documents to the effect as to which year the investments have been liquidated by the assessee i.e. whether or not the same sere liquidated by the assessee during the year under consideration. Appeal of the Revenue is allowed for statistical purposes.
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