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2023 (9) TMI 376 - ITAT PUNEAddition of protective basis - on-money consideration received in cash - HELD THAT:- In the appeal filed by the assessee for the assessment year 2014-15, we had confirmed the addition on substantive basis, therefore, the question of prorata addition on protective basis does not arise. Thus, the ld. CIT(A) had rightly deleted the addition. Hence, this ground of appeal no. 2 stands dismissed. Addition of unsecured loans - assessee company had failed to discharge the onus of proving the identity, creditworthiness and genuineness of unsecured loans as well as no details of the lenders were filed before the Assessing Officer - HELD THAT:- It is only during the course of proceedings before the ld. CIT(A), the assessee company had provided the details of lenders. Based on which, the ld. CIT(A) granted relief. Thus, it is clear that the order of the ld. CIT(A) is based on the additional evidence filed before him for the first time. It is requirement of law as provided under Rule 46A of the Rules, if the additional evidence is produced for the first time before the ld. CIT(A), the ld. CIT(A) should give an opportunity of examining this additional evidence to the Assessing Officer, which the ld. CIT(A) had failed to do so. Accordingly, this ground of appeal nos. 3 and 4 is remitted to the file of the ld. CIT(A) for de novo consideration in accordance with law.
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