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2023 (7) TMI 126 - AT - Income TaxAddition of cash as found in the premises of the assessee - assessee explained that cash is related to his son in law - Statement and an acceptance letter were submitted by the son in law but later retracted from his statement and submitted that cash seized in apartment owned by assessee [FIL] related to elder son-in-law - CIT(A) rejected the appeal of the assessee on the ground that the ownership is still yet determined by the Hon’ble High Court of Gujarat related to the matter of the CBI. The case is still pending and not yet decided - HELD THAT:- We find that the issue is not yet mature for determination of the ownership of the cash in both the assessee. The substantive assessment and protective assessment both are still alive for determination. Both the ld. Ars has filed new documents before the bench which is not yet verified by the ld. AO. So, the entire grounds of appeal of both the assessees are remitted back to the ld. AO for further adjudication considering the final determination of the Hon’ble High Court.
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