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2023 (5) TMI 253 - ITAT DELHIAddition u/s 68 r.w.s 115BBE - assessee has taken unsecured loans from Shri Gaurav Arora and Smt. Aanchal Gupta - HELD THAT:- The bank statement of Smt Aanchal Gupta show that the amount of Rs. 50 lakhs was transferred through RTGS/NEFT from the account of Shri Harish Kumar, who is the father of Smt. Aanchal Gupta. Thereafter, the said amount was transferred to the account of the assessee. A careful perusal of the bank statement shows that Aanchal Gupta was receiving money from her father and thereafter, the amount was transferred to the account of the assessee. Similarly, in the case of Gaurav Arora, substantial amounts were received by him through banking channels, which is evident from the bank accounts. A careful perusal of the index of the Paper Book filed by the assessee shows that the bank statements were not before the AO. AO took a contrary view. Though the bank statements were before the ld. CIT(A), but the ld. CIT(A) has not called for remand report from the Assessing Officer, but simply admitted the additional evidences. Denial of natural justice goes to the root of the matter. Therefore, in the interest of justice and fair play, we restore the issue to the file of the AO.
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