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2022 (7) TMI 937 - ITAT MUMBAIUnexplained cash deposited in bank account - assessee has filed an application for additional evidence containing copy of confirmation of the debtors along with their PAN cards - whether the cash deposits are out of recovery of advance given/outstanding amount/accumulated cash balance etc. or not. ? - HELD THAT:- The assessee in her application for admitting the additional evidence has submitted that evidence could not be furnished before the Ld. CIT(A) on same were collected after the proceeding before the Ld. CIT(A) and therefore same may be admitted. Though the confirmation from the debtors have been collected subsequent to the order of Ld. CIT(A) but same are crucial to the determination of issue-in-dispute whether the cash deposits are out of debtors realized in the year under consideration. In view of the facts and circumstances of the case and interest of the substantial justice, we admit the additional evidence in the form of confirmations of the debtors and their PAN cards filed as additional evidence in terms of Rule 29 of the ITAT Rules, 1963. The order of the CIT(A) on the issue-in-dispute is accordingly set aside and matter is restored back to the Ld. CIT(A) for deciding afresh, in the light of the additional evidence filed by the assessee. It is needless to mention that both the assessee and Assessing Officer shall be afforded adequate opportunity of being heard. The grounds raised by the assessee are accordingly allowed for statistical purposes.
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