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2017 (11) TMI 105 - AT - Income TaxUnexplained investment made in Mutual Funds and unexplained cash deposits with ICICI Bank - no appearance on behalf of the assessee at the time of hearing fixed in this case earlier on 29.09.2016, 30.11.2016, 11.01.2017 and 23.02.2017 - additions deleted by CIT-A on additional evidence filed by the assessee without giving any opportunity to the Assessing Officer to verify the same - Held that:- Keeping in view the non-compliance on the part of the assessee, this appeal of the revenue is being disposed of ex-parte qua the respondent-assessment after hearing the arguments of the ld. D.R. and perusing the relevant material available on record. As rightly submitted by the ld. D.R., relief has been given by the ld. CIT(Appeals) to the assessee by deleting the additions made by the Assessing Officer on account of unexplained investment made in Mutual Funds and unexplained cash deposits with ICICI Bank respectively by relying on the correspondence made with Calcutta Province of the Society of Jesus, who runs St. Lawrance High School without giving any opportunity to the Assessing Officer to verify the same. As pointed out by him in this regard, the said correspondence was not even available when the assessment was framed by the Assessing Officer vide an order dated 30.12.2011 passed under section 144/147. Thus we set aside the impugned order of the ld. CIT(Appeals) on the issues raised by the Revenue in this appeal and restore the matter to the file of the Assessing Officer for deciding the same afresh after verifying the additional evidence filed by the assesesee for the first time before the ld. CIT(Appeals) in the form of correspondence with Calcutta Province of the Society of Jesus. Appeal of the Revenue is treated as allowed for statistical purposes.
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