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2022 (11) TMI 778 - AT - Income TaxAddition u/s 69A - advance received towards purchase of the property - assessee had failed to furnish any evidence of the return of advance to Sh. Gurpreet Singh Chadha during the assessment proceedings - HELD THAT:- It is found that the assessee has produced certain additional documents such as ledger account along with repayment statement duly confirmed by Gurpreet Singh Chaddha and the copy of the bank statement of Gurpreet Singh Chaddha and confirmation of re payment of the advance. The assessee has also enclosed the copy of the ITR and computation of income of Gurpreet Singh Chaddha before the CIT(A). Admittedly, those documents have not been considered by the Ld. A.O., since the assessee has not made available those documents to the A.O. in support of his contention, the A.O. has made addition and passed assessment order based on the material available on record. Since, the assessee has not made available all the documents in support of his contention and the A.O. had no opportunity to test the veracity, genuineness of those documents, we deem it fit to remand the matter to the file of Ld. A.O. with a direction to the assessee to produce all material evidences in support of his contentions that the assessee had repaid the said amount which was received Gurpreet Singh Chaddha. Further we direct the A.O. to consider the same and pass appropriate order in accordance with law after hearing the Assessee. Accordingly, we allow Ground Of the Revenue’s Appeal.
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