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2020 (7) TMI 175 - AT - Income TaxReopening of assessment u/s 147 - addition u/s 69A - as per CIT-A even if the above addition is deleted, it is still liable to be taxed u/s 2(22)(e) - HELD THAT:- The assessee had stated that she is the Managing Director of the SPRIIL and that advance to the extent of ₹ 30,89,000/- was received for purchase of plot by the said company from the assessee and, therefore, provisions of section 2(22)(e) are not applicable. CIT(A), thereafter, did not examine the business exigency or the purpose for which the assessee has received the advance from SPRIIL, but, has given a finding that the amount is liable to tax u/s 2(22)(e) of the Act also. Since the evidence filed by the assessee before the Tribunal is additional evidence and it goes goes to the root of the matter, I deem it fit and proper to admit the same and since the additional evidence was not filed before the authorities below, due to which, there was no occasion to examine the same by the AO and CIT(A), remand the matter to the file of the AO with a direction to examine the business exigency of the advances of ₹ 30,89,000/- received by the assessee and decide the issue in accordance with law after giving fair opportunity of hearing to the assessee. Accordingly, ground raised by the assessee is treated as allowed for statistical purposes.
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